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Patna High CourtCR. MISC./36808/2018disposed

Mamta Kumari v. The State Of Bihar

2018-07-18Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36808 of 2018 Arising Out of PS. Case No.-14 Year-2017 Thana- WARSALIGANJ District- Nawada ====================================================== Mamta Kumari, W/o Amit Kumar, resident of Village- Thera Jalalpur, P.S. Warisaliganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Shankar Sharma For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending her arrest in connection with Warisaliganj P.S. Case No. 14 of 2017 registered for offences under sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

This is the second attempt of the petitioner for grant of anticipatory bail. This Court has already rejected the anticipatory bail of the petitioner vide order dated 17.8.2017 passed in Cr. Misc. No. 26379 of 2017.

In the present case, the petitioner has attached the prescription of the doctor as well as report of the Ultrasound showing expected delivery date as 14.7.2018 +/- 1 week and, on that basis, learned counsel for the petitioner submits that some

Patna High Court Cr.Misc. No.36808 of 2018(3) dt.18-07-2018 2/2 interim relief may be granted to the petitioner as it will not be feasible for her to surrender before the court below. Looking to the entire facts and circumstances of the case, this Court directs that no coercive action will be taken against the petitioner up to 30.08.2018 but, it is made clear that then it will be desirable on the part of the petitioner that she must surrender before the court below thereafter and make a prayer for regular bail. In case, the petitioner fails to surrender within the period as aforesaid, in such circumstances, the police will be at liberty to arrest and produce her before the court below.

(Shivaji Pandey, J) rishi/- U T