Sabitri Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2724 of 2019 Arising Out of PS. Case No.-225 Year-2015 Thana- LAXMIPUR District- Jamui ====================================================== SABITRI DEVI Wife of Shankar Das @ Shankar Ravidas Resident of Village - Seva, P.S. - Laxmipur (Gidhaur), District - Jamui ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Umesh Prasad For the Respondent/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2019 Heard both sides.
The petitioner apprehends her arrest in Laxmipur(Gidhaur) P.S. case No.225 of 2015 registered under Sections 302 and 34 of the Indian Penal Code and under Section 3(i)(x) of S.C./S.T.(Prevention of Atrocities) Act. The learned counsel for the petitioner submits that prayer for anticipatory bail of the petitioner was earlier rejected by order dated 28.06.2016 passed in Cr. Misc. No.14935 of 2016 but thereafter similarly situated co-accused, Anil Das has been granted anticipatory bail by order dated 10.04.2018 passed in Cr. Appeal (SJ) No.882 of 2018 and co-accused, Gujary Devi and Lua yadav have been acquitted vide judgment and order dated 11.05.2018 passed in Sessions Trial No.159 of 2016 but it appears that prayer for anticipatory bail of the petitioner was
Patna High Court CR. APP (SJ) No.2724 of 2019(3) dt.24-07-2019 2/2 earlier rejected on 28.06.2016 but even thereafter the petitioner did not appear before the Court on one pretext or other and again filed this appeal for grant of anticipatory bail. During the course of investigation, it transpired that the mobile of the deceased was recovered from the possession of Lua Yadav and Gujary Devi and Lua Yadav confessed that they killed the deceased Mintu Kumar Rajak with the help of the petitioner. Taking into consideration facts aforesaid and the fact that the offence is of serious nature, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
If the petitioner surrenders in the court below, learned court below shall consider the regular bail of the petitioner on its own merit without being prejudice by the order of this Court. (Prabhat Kumar Jha, J) Saurabh/- U T