Anita Devi @ Anita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53801 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- KAMTAUL District- Darbhanga ====================================================== Anita Devi @ Anita Kumari, W/o - Shankar Kumar Pandey @ ( Fulbabu), R/o - Sirhulli, P.S. - Kamtaul, District - Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Sri Ajay Thakur, Advocate Sri Nilesh Kumar, Advocate For the Opposite Party/s :
Smt. Meena Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-09-2018 Heard Sri Ajay Thakur, learned counsel, assisted by Sri Nilesh Kumar, learned counsel for the petitioner and Smt. Meena Singh, learned Additional Public Prosecutor. The sole petitioner, apprehending her arrest in connection with Kamtaul P.S. Case No. 35 of 2018 , registered for the offence under Section 341, 342, 323, 307, 302/34 of the Indian Penal Code, 1860 ( hereinafter referred to as the "I.P.C."), has prayed for grant of bail in the event of her arrest or surrender.
Learned counsel for the petitioner submits that save and except accusation of being member, there is no specific allegation against the petitioner of overt act. It has also been argued that petitioner is a lady and dispute arose between two
Patna High Court Cr.Misc. No.53801 of 2018(2) dt.11-09-2018 2/2 pattidars and only she was order giver, and as such, a prayer has been made for grant of anticipatory bail. Learned Additional Public Prosecutor has opposed the prayer.
Besides hearing, I have perused the F.I.R. and after going through the same, considering the fact that offence is under Section 302 / 34 of the I.P.C. with other penal provisions of the I.P.C. as well as the fact that petitioner was one of the participants, there is no reason for extending the privilege of anticipatory bail.
The petition stands dismissed.
(Rakesh Kumar, J) praful/- U T