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Patna High CourtCR. MISC./82445/2019dismissed

Bidya Devi @ Vidya Devi @ Bidya Masomat v. The State Of Bihar

2019-12-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82445 of 2019 Arising Out of PS. Case No.-132 Year-2004 Thana- MUNGER MUFFASIL District- Munger ====================================================== BIDYA DEVI @ VIDYA DEVI @ BIDYA MASOMAT Wife of Late Panchanand Chaudhary Resident of Village/Muhalla- Bariarpur Ganeshpur Kuchchari Tola, P.S.- Bariarpur, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh, Adv For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 304(B), 498-A, 201, 34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Prayer for anticipatory bail to the petitioner was refused on 17.08.2005 in Cr. Misc. No.13140 of 2005 in connection with Munger (Muffasil) P.S.Case No.132 of 2004, a case under Section 304B, 498A, 201,34 of I.P.C. and 3/4 of Dowry Prohibition Act. Thereafter, the petitioner neither surrendered before the learned court below nor challenged the order of this Court dated 17.08.2005 rather waited for result of

Patna High Court CR. MISC. No.82445 of 2019(2) dt.17-12-2019 2/2 the trial of some other co-accused and prayer has been renewed on the ground that trial of some other co-accused has resulted in acquittal.

This Court was inclined to dismiss this application with heavy cost for disobedience of order of this Court dated 17.08.2005, however, considering the age of the petitioner, this Court is simply dismissing this application with direction to the petitioner to surrender immediately and pray for regular bail, failing which the learned court below shall take coercive step against the petitioner in connection with S.C. No.634A/10 arising out of Muffasil (Bariarpur) P.S.Case No.132 of 2004 pending in the court of learned Additional Sessions Judge-II, Munger.

(Birendra Kumar, J) Nitesh/- U T