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Patna High CourtCR. MISC./152/2018rejected

Lakho Devi v. The State Of Bihar

2018-01-03Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.152 of 2018 Arising Out of PS.Case No. -206 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Lakho Devi, Wife of Rajesh Sah, a resident of Village- Manikpur Pakri, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Harish Kumar, Advocate For the Opposite Party : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends arrest in connection with Lalganj P.S.Case No.206 of 2016 pending in the Court of CJM, Vaishali at Hajipur registered for an offence under Sections 363, 365 and 366(A)/34 of the IPC.

Earlier the prayer for bail of this petitioner was rejected vide order dated 11.07.2017 passed in Cr.Misc.No.31038 of 2017 considering the fact that the victim in her statement before the Magistrate under Section 164 of the Cr.P.C. had disclosed the name of this petitioner.

It has been submitted that the main accused Bittu Kumar has been allowed regular bail by one of the coordinate Bench of

Patna High Court Cr.Misc. No.152 of 2018 (2) dt.03-01-2018 2/2 this Court on 05.09.2017 in Cr.Misc.No.25169 of 2017 and another co-accused Aman Kumar has been allowed anticipatory bail on 16.11.2017 by one of the coordinate Bench of this Court in Cr.Misc.No.53234 of 2017. He further submits that the petitioner is a lady having similar footing and so she deserves anticipatory bail.

Since the prayer of the petitioner has already been rejected considering the gravity of the case and active participation of the petitioner in kidnapping of the victim, I am not inclined to reconsider her prayer for anticipatory bail. Prayer is rejected. The petitioner if surrenders before the court below and prays for regular bail, her prayer shall be considered on its own merit without being prejudiced by the order of this Court. (Sanjay Kumar, J) B.Kr./- U T