Patna High CourtCR. MISC./261/2017rejected

Meena Devi v. The State Of Bihar

2017-03-01Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.261 of 2017 Arising Out of PS.Case No. -141 Year- 2013 Thana -TEGHRA District- BEGUSARAI ====================================================== Meena Devi D/o Narayan Yadav, W/o Shiv Kumar Yadav R/o VillageGoshaih Tola, P.S. Teghra, District-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harsh Singh For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-03-2017 Heard Mr. Singh for the petitioner and Mr. Md. Sufiyan, APP for the State.

This is repeat application seeking anticipatory bail in Teghra P.S. Case No. 141 of 2013 registered under sections 304-B and 328/34 IPC.

The petitioner along with others had earlier approached this Court for grant of anticipatory bail which was considered and rejected vide order dated 17.02.2016 (Annexure-1). It is submitted that all other accused persons with whom the petitioner had approached for grant of anticipatory bail subsequently surrendered and have been released on bail. The petitioner could not surrender as she was carrying pregnancy and recently has been blessed with a female child. In his submission,

Patna High Court Cr.Misc. No.261 of 2017 (3) dt.01-03-2017 2/2 the petitioner has not absconded, in the meantime. Learned APP, on the other hand, submits that if the other accused persons have been granted the privilege of regular bail, the petitioner should also surrender and pray for regular bail particularly when her prayer for anticipatory bail was considered and rejected by this court earlier.

Considering the facts and circumstances of the case, I am not persuaded to extend her the privilege of anticipatory bail. Prayer is rejected.

It will be open to the petitioner to surrender and bring to the notice of the learned court below all the relevant facts including the order(s) by which other co-accuseds, stated to be similarly situated, have been released on regular bail as also the fact that she is carrying in her lap a newly born female child. (Kishore Kumar Mandal, J) HR/- U T