Sangita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43309 of 2017 Arising Out of PS. Case No.-80 Year-2014 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Sangita Devi W/o Santosh Rai, R/o Village- Dhabauli, P.S.- Muffasil (Lakho O.P.), District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. ARBIND KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in Muffasil (Lakho O.P.) P.S. case No.80 of 2014 registered under Sections 342, 307,498A/34 and 302 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Begusarai. The earlier anticipatory bail of the petitioner was rejected by order dated 18.05.2015 vide Cr.Misc.No.39631 of 2014 considering the merits of the case.

The present application is the second attempt for anticipatory bail on behalf of the petitioner on the very same ground.

It has been submitted that one of the accused has been

Patna High Court Cr.Misc. No.43309 of 2017(3) dt.09-03-2018 2/2 acquitted by the court below.

On behalf of the State, it is submitted that the evidence adduced in respect to other co-accused cannot be looked into in case of the petitioner nor such evidence can be used against the petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner as the earlier anticipatory bail of the petitioner has already been rejected on merit. The prayer for anticipatory bail is rejected. Anyhow if the petitioner surrenders in the court below, same shall be considered on its own merit without being prejudiced by this order. The court below shall look into the fact that the petitioner is a lady while considering the bail application of the petitioner preferably on the same day. (Sudhir Singh, J) Narendra/- U T