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Patna High CourtCR. MISC./6334/2016rejected

Gudiya Kumari v. The State Of Bihar

2016-07-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6334 of 2016 Arising Out of PS.Case No. -24 Year- 2006 Thana -SONO District- JAMUI ====================================================== Gudiya Kumari, daughter of Late Roopan Ram, resident of Village - Rajpur, Police Station - Sono, District - Jamui.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2016 Heard both sides.

The petitioner apprehends her arrest in Sono P.S. Case No. 24/2006 registered under Sections 302/34 of the Indian Penal Code.

The petitioner is alleged to have assaulted the deceased with fists and slaps. It is submitted that the prayer for anticipatory bal of the petitioner was earlier rejected by this Court vide order dated 27.07.2015 passed in Cr. Misc. No. 29483/2015 but some material facts could not be brought on record at the time of hearing of the bail petition. The police, after investigation, submitted final form finding the case false against the petitioner but the learned Chief Judicial Magistrate differing with the police report took cognizance against the petitioner on 23.10.2008. It appears that the petitioner, who is named in the

Patna High Court Cr.Misc. No.6334 of 2016 (2) dt.13-07-2016 2/2 FIR, moved this Court for grant of anticipatory bail only after nine years.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Sono P.S. Case No. 24 of 2006. Accordingly, the same is rejected. If the petitioner surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner without being prejudiced from this order. (Prabhat Kumar Jha, J) Dilip/- U T