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Patna High CourtCR. MISC./37044/2017rejected

Anju Devi v. The State Of Bihar

2018-01-17Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37044 of 2017 Arising Out of PS.Case No. -34 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Anju Devi, W/o Shambhu Mahto, R/o Village- Sonbarchak, P.S.- Bibhutipur, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmeshwar Mehta, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The present application has been filed renewing the prayer for anticipatory bail in connection with Bibhutipur P.S. Case No.34 of 2015 for allegedly having committed the offence under Sections 363 and 366A/34 of the Indian Penal Code, which is pending in the court of the learned Judicial Magistrate, Rosera, District-Samastipur.

The victim girl has clearly stated the name of the petitioner and considering such statement, this Court had earlier rejected the prayer. No changed circumstances have been brought on record by the petitioner. The diary itself indicates that the petitioner was involved in the occurrence.

Patna High Court Cr.Misc. No.37044 of 2017 (6) dt.17-01-2018 2/2 Hence, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected for the second time. However, if the petitioner surrenders within a period of four weeks from today in connection with Bibhutipur P.S. Case No. 34 of 2015 and prays for bail, the court below shall consider the same on its own merit without being prejudiced by the present order.

(Anjana Mishra, J) PNM U T