Manju Kumari v. The Union Of India Through Superintendent Of Police, C.B.I, A.C.B, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75357 of 2022 Arising Out of PS. Case No.-5 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== MANJU KUMARI Wife of Harishankar Singh and Daughter of Yugal Singh R/v- Pethi Bigha Kajichak, Kazi Chak, P.O.- Bidauli, P.S.- Bhagwanganj, District- Patna, 804452, Bihar ... ... Petitioner/s
Versus
The Union of India through Superintendent of Police, C.B.I, A.C.B, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushkar Bharadwaj For the Opposite Party/s :
Mr.Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2023 The anticipatory bail application of the petitioner was dismissed as withdrawn vide Cr. Misc. No. 51248 / 2019 with observation that if the petitioner surrender before the court below and prays for regular bail, the court below may consider the regular bail application filed by the petitioner without being prejudiced to the fact that the present application has been dismissed as withdrawn. This order was passed on 16.11.2019 however, instead of seeking regular bail, the petitioner after more than 03 years have again moved this Court for grant of anticipatory bail.
Learned counsel for the petitioner submits that though no fresh development has taken place, however, relying upon some judgments of the Kerala High Court and Madhya
Patna High Court CR. MISC. No.75357 of 2022(2) dt.04-01-2023 2/2 Pradesh High Court he submits that 2nd anticipatory bail is maintainable.
In view of the fact that earlier anticipatory bail application was dismissed as withdrawn and by this application the petitioner is trying to re-argue the matter, which in my opinion, is not permissible, accordingly, this application is rejected.
(Anil Kumar Sinha, J) praful/- U T