Bibi Ashmina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52077 of 2016 Arising Out of PS.Case No. -106 Year- 2014 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Bibi Ashmina Khatoon Wife of Md. Jahir resident of Village Puraini, P.S. Shrinagar, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-12-2016 Heard Mr. Abhijat for the petitioner and Mr. Mehta, APP for the State.

This is repeat application seeking anticipatory bail in Chhatapur P.S. Case No. 106 of 2014 registered under sections 147, 341, 447, 323, 307 and 379 of the Indian Penal Code. On a consideration of her case along with others, the prayer for anticipatory bail was rejected vide order dated 23.02.2016 passed in Cr. Misc. No. 53737 of 2015 (Annexure-1).

Counsel for the petitioner submits that actually the deceased died of cancer and the investigating officer submitted charge-sheet under section 304 IPC. It is further submitted that there is special provision for the woman under the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.52077 of 2016 (2) dt.07-12-2016 2/2 Be that as it may, in my view, the present one is not a fit case for grant of anticipatory bail. Prayer is rejected. Let the petitioner surrender and pray for bail which shall be considered on its own merit in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T