Munni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22708 of 2016 Arising Out of PS.Case No. -382 Year- 2009 Thana -SIKANDARA District- JAMUI ====================================================== Munni Devi, daughter of Jyoti Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Mustaque Alam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2016 Heard learned counsels for the petitioner and the State.
The petitioner has renewed his prayer for bail in case registered for the offences punishable under Sections 328, 302/34 of the Indian Penal Code.
Prosecution case is that the son of the informant Birendra Yadav had gone to his in-laws place where he was killed by administering poison. The suspicion was raised against co-accused Jyoti Yadav, the wife of Jyoti Yadav, his two sons namely, Dinesh Yadav and Vinod Yadav and his daughter Munni Devi, the petitioner before this Court. It is submitted by learned counsel for the petitioner that the earlier anticipatory bail application of the petitioner preferred vide Criminal Miscellaneous No.38087/2010, was
Patna High Court Cr.Misc. No.22708 of 2016 (2) dt.20-05-2016 2/2 permitted to be withdrawn by an order passed by a co-ordinate Bench of this Court (now retired) with a liberty to surrender before the learned Court below and pray for regular bail. Under the circumstances, this Court is not inclined to entertain the present application for anticipatory bail but keeping in view of the fact that similarly situated co-accused persons have been granted anticipatory bail by the same coordinate Bench vide Criminal Miscellaneous No.13288/2014 vide order dated 15.05.2014, it is a case for consideration of prayer for regular bail.
Let the learned Court below consider the prayer for regular bail of the petitioner, preferably on the same day, if the petitioner surrenders within a period of six weeks in connection with Sikandra P.S. Case No.382/2009, pending before the learned Judicial Magistrate, 1st Class, Jamui. With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T