Rubi Kumari v. The Vigilance Department, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 14009 of 2017 Arising Out of PS.Case No. -233 Year- 2016 Thana -MANSI District- KHAGARIA ====================================================== Rubi Kumari, Daughter of Babua Narayan Paswan @ Babua Paswan. Resident of Village- Parmanandpur, P.S. Muffasil, District- Khagaria. .... .... Petitioner/s

Versus

The Vigilance Department, Bihar, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Mrityunjay Kumar, Advocate For the Opposite Party/s : Mr Rama Kant Sharma (L.O,I/C Vigilance) ====================================================== CORAM: HONOURABLE MR JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner.

This is a second attempt made by the petitioner for grant of anticipatory bail in connection with Mansi Police Station Case No 233 of 2016 registered for the offence under Sections 467, 468, 471, 204, 420 and 120B/34 of the Indian Penal Code. It has been submitted by the petitioner that earlier the petitioner moved for anticipatory bail and this Court, vide order dated 20.02.2017 passed in Cr Misc No 7467 of 2017, has disposed of the anticipatory bail application of the petitioner with observation that petitioners will surrender before the Court below within a period of four weeks, make prayer for regular bail which shall be considered on its own merit and also considering the materials available on the record and considering the fact that

Patna High Court Cr.Misc. No.14009 of 2017 (2) dt.22-03-2017 2/2 petitioner is lady, the learned Court below shall dispose of the prayer for bail of the petitioner without being prejudiced by this order.

Heard also the learned counsel for the Vigilance. The petitioner has not surrendered before the Court below and again moved for anticipatory bail before this Court stating that another co-accused has been granted anticipatory bail by another co-ordinate Bench of this Court. I am unable to disagree such submission of learned counsel for the petitioner, once the order had been passed, petitioner should surrender and make prayer for regular bail.

As such, let petitioner surrender before the Court below within a period of two weeks from today and pray for bail which will be considered on the basis of the observations already made in order dated 20.02.2017 passed in Cr Misc No7467 of 2017.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) M.E.H./- U T