High Court rejected renewed prayer for anticipatory bail as earlier order remained valid. Court directed lower court to consider regular bail for unmarried petitioner no. 2 without prejudice to this order.
Application dismissed; directed lower court to consider regular bail for petitioner no. 2.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40684 of 2017
Arising Out of PS. Case No.-550 Year-2015 Thana- SHASTRINAGAR District- Patna
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No-2 For the Opposite Party/s : Mr.Sri Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 17-07-2019 Heard learned counsel for the petitioners and learned
APP for the State.
The petitioners have renewed the prayer for anticipatory bail in connection with Shatrinagar P.S. Case No. 550 of 2015 registered for the offences punishable under Sections 326, 307, 498A, 304B of the Indian Penal Code and Sections ¾ of Dowry Prohibition Act, pending in the Court of learned ACJM, Patna.
Considering the statement of the victim to the effect that petitioner no. 1, being the mother-in-law, poured kerosene oil and petitioner no. 2, being th sister-in-law lit fire, this Court earlier rejected the prayer for anticipatory bail of the petitioners since the accusation is being corroborated by the statement of
Patna High Court CR. MISC. No.40684 of 2017(2) dt.17-07-2019 2/2
the landlord of the victim recorded in paragraph no. 9 of the case diary.
It is submitted by learned counsel for the petitioners that petitioner no. 2 is an unmarried girl and the child of the victim has alleged nothing against petitioner no. 2.
Considering the fact that after going through the case diary, the earlier order was passed, this Court is not inclined to revise the earlier order.
Let the learned Court below consider the prayer for regular bail of petitioner no. 2 without being prejudiced by the order of this Court keeping in view the fact that petitioner no. 2 is an unmarried girl.
Accordingly, this application is disposed of.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether anticipatory bail application should be reconsidered given that one petitioner is an unmarried girl against whom the child of the victim made no allegation.
1 provisions across 1 enactments
Alkumi Bano @ Chando Bibi
Heena Tabassum @ Heena Ali @ Hena Tabassum
State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
