Patna High CourtCR. MISC./33106/2016rejected

Meena Devi v. The State Of Bihar

2016-09-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33106 of 2016 Arising Out of PS.Case No. -133 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Meena Devi, W/o Late Nand Kishore Yadav @ Nand Jee Yadav, Resident of Village- Gamhariya, P.S.-Jadopur, District- Gopalganj .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rakesh Ranjan, Advocate For the Opposite Party : Mr. Sri Ramchandra Sahani (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner wants to renew her prayer for prearrest bail which was earlier rejected by order dated 16.04.2015 in Cr. Misc. No. 43022 of 2014, on the ground that in this case Gumani Yadav, Vishram Yadav and Satendra Yadav have faced trial and they have been acquitted vide Sessions Trial No. 218 of 2015 by judgment dated 10.12.2015 whereas co-accused Baliram Yadav has been allowed pre-arrest bail.

Learned A.P.P. opposes the prayer of bail by submitting that the petitioner did not surrender though earlier his prayer for pre-arrest bail was rejected and this is second pre-arrest petition for bail which is not maintainable.

Patna High Court Cr.Misc. No.33106 of 2016 (3) dt.07-09-2016 2/2 In the facts and circumstances above, finding no good ground for re-consideration of prayer of pre-arrest bail, again the payer of pre-arrest bail stands rejected.

If so advised, if the petitioner surrenders and seeks regular bail, then her prayer for bail shall be considered in the fact that Gumani Yadav, Vishram Yadav and Satendra Yadav have already been acquitted having similar allegation in this case. The petitioner is a lady and, as such, her bail application shall be disposed of preferably on the same date.

(Jitendra Mohan Sharma, J.) Rajiv/- U T