Mando Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46021 of 2014 Arising Out of PS.Case No. -52 Year- 2014 Thana -BIHPUR District- BHAGALPUR ====================================================== Mando Devi wife of Late Nityanand Chaudhary Resident of village - Sonbarsa, P.S. Bihpur, Distt. - Bhagalpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 23-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Mando Devi, in connection with Bihpur Police Station Case No. 52 of 2014 under Sections 498A/304(B)/201 read with Section 34 of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 18.09.2014, passed, in A.B.P. No. 2089 of 2014, by the learned Sessions Judge, Bhagalpur, rejecting the said application for pre-arrest bail. Heard Mr. Ravi Shankar Pankaj, learned counsel for the petitioners, and Dr. Kumar Uday Pratap, learned Additional Public Prosecutor, appearing for the State.
The High Court, while exercising its powers under Section 438 Code of Criminal Procedure, stands on the same
Patna High Court Cr.Misc. No.46021 of 2014 (2) dt.23-04-2015 2/2 footing as does a Sessions Judge inasmuch as a High Court and Sessions Judge have coordinate jurisdiction, while exercising power under Section 438 Code of Criminal Procedure. Considering incriminating nature of materials against the petitioner, this Court is of the view that in the facts and attending circumstances of the present case, the petitioner has not been able to make out any case calling for giving her benefit of pre-arrest bail.
In view of the above and in the interest of justice, the prayer for pre-arrest bail is hereby rejected. (I. A. Ansari, J) Pawan/- U T