Malti Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20123 of 2015 Arising Out of PS.Case No. -410 Year- 2010 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ====================================================== Malti Devi, D/o Sita Ram Prajapati, W/o Amar Nath Prajapti, resident of village- Golhan, P.S.- Daltanganj, District- Palamu .... .... Petitioner/s

Versus

1. State of Bihar

2. Domani Devi, D/o Paran Parajapati, resident of village- Maharajganj, P.O.- Hariharganj, P.S.- Kutumba, District- Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner and the State.

The petitioner has renewed his prayer for anticipatory bail in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A and 406 of the Indian Penal Code.

The basis accusation is of torture.

The petitioner happens to be second wife of the husband of the complainant.

It is submitted by the learned counsel for the petitioner that in the earlier anticipatory bail application notices were issued in Cr. Misc. No. 41069 of 2012 which stood dismissed for non-compliance on 11.01.2013,

Patna High Court Cr.Misc. No.20123 of 2015 (2) dt.01-07-2015 whereby the petitioner was directed to furnish the present and correct address of opposite party no. 2 within a period of one week.

Considering the fact that the complaint was filed in 2010 and the earlier anticipatory bail application was dismissed for non-compliance on 11.01.2013, this Court is not inclined to entertain this application. Considering the thrust of accusation against the husband of the complainant and the petitioner being the lady, it is a case for prayer for regular bail, let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 410 of 2010, pending in the court of learned Chief Judicial Magistrate, Aurangabad.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T