The Patna High Court rejected an application for anticipatory bail due to a two-year delay in seeking relief without cogent explanation or sudden apprehension of arrest. The court directed the petitioner to surrender within three weeks to seek regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58546 of 2015
Arising Out of PS.Case No. -43 Year- 2013 Thana -KATRA District- MUZAFFARPUR ====================================================== Nutan Devi, Wife of Karpuri Thakur, Resident of Village - Gangeya , P.O.Gangeya Panchyat Barri , P.S. + Block - Katra District - Muzaffarpur. Presently Mukhia of Barri Panchyat. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Uday Prakash Shrarma, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, Spl. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
This application for grant of anticipatory bail arises out of Katra P.S. Case No. 43 of 2013, disclosing offences under Sections 406, 409, 120B, 467 and 468 of the Indian Penal Code and Section 3 (ix) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989.
The case was registered on 11.03.2013. It appears from the records that the petitioner took steps for grant of anticipatory bail, two years thereafter. I do not find any cogent explanation in the application for so much of delay in approaching the Court for grant of anticipatory bail. There is no mention in the
Patna High Court Cr.Misc. No.58546 of 2015 (2) dt.22-01-2016
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application as to how there is sudden apprehension of petitioner’s arrest in connection with the aforesaid case.
This application is, therefore, rejected with a direction to the petitioner to surrender before the court below within a period of three weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of present anticipatory bail application since I have not gone into the merits of accusation against the petitioner.
Accordingly, this application for anticipatory bail is, hereby, rejected.
(Chakradhari Sharan Singh, J)
Vats/-
U T
1 issue framed by the court
Whether the application for grant of anticipatory bail deserves to be allowed given the delay in approaching the Court.
Nutan Devi
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
