IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21837 of 2025 Arising Out of PS. Case No.-16 Year-2009 Thana- PAUTHU District- Aurangabad ====================================================== Kaushalya Devi @ Koshila W/O Satyendra Mistri R/O Village - Jhinguri, P.S- Pauthu, District - Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nawnit Kumar Tiwary For the Opposite Party/s : Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 01-05-2025 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Pauthu Police Station Case No. 16 of 2009, dated 17.05.2009, disclosing offences under Sections 323/504/379/498A of the Indian Penal Code. 3. The prosecution case, as per the complaint-cum-First Information Report, is that the informant got married with Yogendra Mistri in the year 1994 and three children were born out of the wedlock. After some time the informant’s husband, her mother-in-law and sister-in-law stopped looking after the needs of the informant, abused and assaulted her and ousted her from matrimonial home. For three years the informant did household chores for her Patna High Court CR. MISC. No.21837 of 2025(2) dt.01-05-2025 2/4 livelihood. One day her husband, along with his family members, came to her house and started abusing and beating her on the pretext that the informant had brought disrepute to them by working in the village. When the informant’s son came to rescue he was also slapped, thereafter, the accused persons took away her belongings. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case merely because she happens to be sister-in-law of the informant. He next submits that after investigation final form was submitted by the police on 06.10.2009, however, learned Magistrate differed with final form and took cognizance against the petitioner and other accused persons on 06.10.2009 and process under Sections 82 and 83 was issued against the petitioner. 5. He further submits that previously on 03.09.2013 the petitioner was granted anticipatory bail by the Sessions Court of Aurangabad vide ABP No. 669 of 2013 and was directed to surrender within 15 days, but she could not comply with the order. By way of modification, filed in Cr. Misc. No. 20 of 2014, the petitioner was granted extension of 15 days on 05.08.2014, but again the Patna High Court CR. MISC. No.21837 of 2025(2) dt.01-05-2025 3/4 petitioner could not surrender as she was not informed about the same by her parivikar. Consequently, she was declared absconder on 24.11.2015, as such, Cr. Misc. No. 43 of 2024, filed for modification of the order, dated 03.09.2013 and 05.08.2014, which was rejected and the petitioner was directed to surrender and seek regular bail. 6. Accordingly, learned counsel submits that being poor and illiterate the petitioner could not make proper pairvi leading to multiple lapses on her part. 7. I have heard learned counsel for the parties and have gone through the impugned order. 8. Taking into consideration the fact that the petitioner has approached this Court after lapse of about 14 years from the date of institution of the FIR-cum-Complaint and observation taken by learned Principal District and Sessions Judge, Aurangabad, in the impugned order that after being declared as absconder due to non-compliance of the Court’s order on several ocassions after grant of anticipatory bail on 03.09.2013, the petitioner filed Cr. Misc. 43 of 2024, which was rejected with a direction to surrender and seek regular bail, but that too was not complied and the petitioner again moved for anticipatory Patna High Court CR. MISC. No.21837 of 2025(2) dt.01-05-2025 4/4 bail, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail. 9. This application is, accordingly, rejected. ashwani/- (Anil Kumar Sinha, J) U