Indu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33222 of 2014 Arising Out of Sonbarsa PS.Case No. 46/2014 ,Year- 2014, Thana - SONBERSA, District- SAHARSA ====================================================== Indu Kumari W/o Amit Kumar, resident of village Rakhauta, P.S. Sonbarsa Raj, District Saharsa .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Senior Advocate For the Opposite Party/s : Mr. Amit Kr.Rakesh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 04-02-2015 This is an application made under Section 438 Cr.P.C. seeking pre-arrest bail by the petitioner, namely, Indu Kumari, in connection with Sonbarsa P.S.Case No. 46/2014, under Sections 467, 468, 471, 120(B)/34 of the IPC.

Perused the above application and materials on record including a copy of the order, dated 21.07.2014, passed, in A.B.A.6442/14, by the learned Sessions Judge, Saharsa, rejecting the said application for pre-arrest bail.

Heard Mr. Krishna Pd. Singh, learned Senior counsel for the petitioner, and Mr. Amit Kr. Rakesh, learned APP, appearing for the State.

Without entering into the merit of the present application seeking anticipatory bail, it has been submitted by learned counsel

Patna High Court Cr.Misc. No.33222 of 2014 (2) dt.04-02-2015 for the accused-petitioner that the accused-petitioner will surrender in the Court of Chief Judicial Magistrate, Saharsa, in connection with Sonbarsa P.S. Case No. 46/2004, within a period of four weeks from today and apply for regular bail under Section 437 IPC and if such an application is made, the same may be directed to be considered and disposed of in the light of the materials available on the record keeping in view, however, the fact that the petitioner is a female person.

To the submissions so made, no objection has been raised on behalf of the prosecution.

Considering the matter in its entirety and in the interest of justice, this application is hereby disposed of with the liberty given to the petitioner to appear in the Court of Chief Judicial Magistrate within the period as has been sought for on her behalf and if, on her appearance in the Court of learned Chief Judicial Magistrate, Saharsa, in connection with Sonbarsa P.S. Case No. 46/2004, she applies for regular bail, her application for bail shall be considered and disposed of in accordance with law.

(I. A. Ansari, J) A.I./- U √ T √