Patna High CourtCR. MISC./15136/2016disposed

Deomani Devi @ Devmuni Devi v. The State Of Bihar

2016-04-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15136 of 2016 Arising Out of PS.Case No. -184 Year- 2005 Thana -SONEPUR District- SARAN ====================================================== Deomani Devi @ Devmuni Devi wife of Rang Lal Rai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Najmul Hoda, Adv. For the Opposite Party/s : Mr. Nirmal Kr. Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2016 Heard learned counsels for the petitioner and the State. The petitioner being the mother of the husband of the victim has renewed prayer for anticipatory bail in a case registered for the offences punishable under Sections 304B and 120B of the Indian Penal Code.

The accusation is of killing the daughter of the informant after two years of the marriage.

It is submitted by learned counsel for the petitioner that the victim died on 23.12.2004 when the complaint was filed on 29.07.2005 which came to be registered as a police case on 09.10.2005. The police after investigation, submitted final form but differing with the final form, cognizance has been taken. It is further submitted that the informant has retracted from his initial version.

Patna High Court Cr.Misc. No.15136 of 2016 (2) dt.12-04-2016 2/2 Considering the fact that petitioner's earlier anticipatory bail application was rejected, this Court is not inclined to entertain the present application, however, considering the fact that the accusation is not specific against the petitioner and after investigation, the petitioner has not been sent up for trial, it is a case for consideration of regular bail.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner if she surrenders within a period of six weeks in connection with Sonepur P.S. Case No. 184 of 2005 pending in the court of learned CJM, Saran at Chapra. Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T