This is an oral order dismissing the petitioner's anticipatory bail application. The court held that she has no case for pre-arrest bail. She was advised if willing to surrender for regular bail, it would be considered on the same day.
Anticipatory bail prayer rejected; regular bail to be considered if petitioner surrenders.
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.26115 of 2020
Arising Out of PS. Case No.-34 Year-2016 Thana- BHAWANIPUR District- Purnia
======================================================
Shanti Devi, Wife of Late Chandeshwari Mandal @ Chandra Kishor Mandal, Resident of Village-Barahari, P.S.-Bhawanipur, District-Purnea.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ======================================================
The State of Bihar ... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
3 08-04-2021
Heard learned counsel for petitioner and learned
counsel for the State.
Petitioner, apprehends his arrest registered for the offences punishable under Sections 304(B), 201, 120(B), 34 of the Indian Penal Code.
Informant who is mother of the deceased has
alleged that her daughter has been killed by the petitioner including FIR named co-accused. Informant suspected that after killing, petitioner along with family members disappeared the dead body of her daughter.
Earlier the anticipatory bail application of this petitioner has been rejected vide order dated 01.03.2017 passed in Cr. Misc. No. 8777 of 2017 by a co-ordinate Bench of this court.
It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.26115 of 2020(3) dt.08-04-2021 2/2
that she is innocent and has committed no offence and she has been dragged in this case only because she happens to be mother-in-law of daughter of the informant.
In the facts and circumstances of the case, I am not inclined to grant privilege of pre-arrest bail to her and accordingly her such prayer stands rejected.
However, in case and if so advised the petitioner surrenders and seeks regular bail then her prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court.
(S. Kumar, J)
Rajiv/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest under Sections 304(B), 201, 120(B), and 34 IPC.
Whether the petitioner, dragged into the case as mother-in-law, warrants privilege of pre-arrest bail.
Shanti Devi
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
