Kismati Devi @ Kismato Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.9948 of 2015 (2) dt.13-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9948 of 2015 Arising Out of PS.Case No. -122 Year- 2014 Thana -PANAPUR District- SARAN ======================================================

1. Kismati Devi @ Kismato Devi Wife of Kamla Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Panapur P.S. Case No. 122 of 2014 registered for the offences punishable under Sections 272, 274 of the Indian Penal Code and 47 A of the Excise Act.

Taking into consideration that the alleged recovery has been made from the hut of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner and accordingly, her prayer for anticipatory bail in connection with Panapur P.S. Case No. 122 of 2014 pending in the court of Chief Judicial Magistrate, Saran at Chapra stands rejected. However, if petitioner surrenders before the court below within four weeks from today and seeks regular bail, the

Patna High Court Cr.Misc. No.9948 of 2015 (2) dt.13-03-2015 concerned court shall pass appropriate order on the regular bail application of the petitioner without being prejudiced by this rejection order, particularly, keeping in mind that petitioner is a lady and she has special privilege under the Criminal Procedure Code.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T