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Patna High CourtCR. MISC./20878/2019rejected

Anmola Devi v. The State Of Bihar

2019-04-03Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20878 of 2019 Arising Out of PS. Case No.-68 Year-2018 Thana- BISHUNPUR District- Darbhanga ====================================================== Anmola Devi, Wife of Shri Ajay Kumar Jha Resident of Village - Ojhoul, P.O.-Ojhoul, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Manoj Kumar Gupta, Advocate For the Opposite Party : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-04-2019 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner and Mr. Anand Kumar for the State.

The prayer for anticipatory bail of the petitioner was earlier dismissed as withdrawn vide order dated 15.01.2019 with the liberty to the petitioner to prefer an application for regular bail before the court below within a period of six weeks from the date of passing of the order or production of a copy of the order.

Though the present petition has been filed for revisiting the aforesaid order and for grant of anticipatory bail but after some arguments, Mr. Verma, learned senior advocate has confined his prayer to extension of time for the petitioner to surrender before the court below and seek bail.

Patna High Court CR. MISC. No.20878 of 2019(2) dt.03-04-2019 2/2 It has been submitted on behalf of the petitioner that the husband also has now been granted bail.

It would be open for the petitioner to urge this ground after surrendering before the court below. For the reasons aforesaid, the prayer for anticipatory bail of the petitioner is rejected. However, the order dated 15.01.2019, on the oral prayer of the petitioner is modified to the extent that if the petitioner surrenders before the court below within a period of six weeks, to be counted from today, the court below shall pass orders in accordance with law after taking every fact into account and without being prejudiced by the fact that for the second time also, this Court did not entertain the present petition. The petition is accordingly disposed of.

(Ashutosh Kumar, J) krishna/- U T