Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38482 of 2019 Arising Out of PS. Case No.-33 Year-2016 Thana- BELCHHI District- Patna ====================================================== GEETA DEVI Wife of Mani Yadav Resident of Village-Mogalchak, P.S.- Belchi, District-Patna.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr .Anuj Kumar, Advocate.

For the State :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Belchi P.S. Case No.33 of 2016 registered under Sections 304B/34 of the Indian Penal Code, pending in the court of the Additional Sessions Judge-III, Barh, Patna.

Learned counsel appearing on behalf of the petitioner submits that, earlier, the prayer of the petitioner and her husband, namely, Mani Yadav, for extending the privilege of pre-arrest bail to them was rejected by this Court vide order dated 01.11.2017 passed in Criminal Misc. No.11925 of 2017 on merit with a direction to them to surrender before the trial court within four weeks from the date of that order and pray for

Patna High Court CR. MISC. No.38482 of 2019(3) dt.18-09-2019 2/2 regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court but the petitioner could not surrender before the trial court. Further submission is that Ram Balak Yadav, the husband of the deceased and the son of the petitioner, after facing trial, has already been acquitted by the court of the Additional Sessions Judge-III, Barh (Patna) vide Judgment dated 31.10.2018 passed in Sessions Trial No.176 of 2018 (T.R. No.05 of 2018).

Since the prayer of the petitioner and her husband, namely, Mani Yadav, for extending the privilege of pre-arrest bail to them has already been rejected by this Court vide order dated 01.11.2017 passed in Criminal Misc. No.11925 of 2017 on merit, I find no reason to reconsider the prayer of the petitioner for extending the privilege of pre-arrest bail to her. Accordingly, the prayer of the petitioner for extending the privilege of pre-arrest bail to her is, again, rejected. (Rajendra Kumar Mishra, J) P.S./- U T