Meera Devi @ Mira Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83882 of 2019 Arising Out of PS. Case No.-120 Year-2011 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Meera Devi @ Mira Devi W/o Sambhu Paswan Resident of VillageAnantpura, P.S.- Nawada, District- Nawada. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kiran Devi W/o Sambhu Paswan, D/o Krishna Paswan Resident of VillageSultanpur, P.S.- Warisaliganj, District- Nawada. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-12-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 120/11, disclosing offences under Section 498(A) of the Indian Penal Code.
Petitioner happens to be second wife of husband of the complainant and allegation against other accused persons of demand of dowry and ousting the complainant from the house. Submission of learned counsel for the petitioner is that even the husband of the complainant against whom there was allegation of demand of dowry has been granted the privilege of anticipatory bail and as the petitioner was not aware of the case, she could not earlier move for grant of anticipatory bail.
Patna High Court CR. MISC. No.83882 of 2019(2) dt.18-12-2019 2/2 Learned counsel for the State opposed the prayer for bail and submitted that the case is of the year 2011 and the petitioner has now for grant of anticipatory bail after eight years.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the basis of above submission of learned counsel for the petitioner that the husband of the complainant has already been granted the privilege of anticipatory bail as well as other materials available on record, if possible on same day, without being prejudiced by this order. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T