Gambhira Devi @ Rina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32648 of 2018 Arising Out of PS.Case No. -277 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ======================================================
1. GAMBHIRA DEVI @ RINA DEVI, W/o Mahesh Mandal, Resident of Village- Shivipatti, P.S.- Rajnagar, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Rajnagar P.S.Case no.277 of 2017 corresponding to G.R.No.2191 of 2017 registered for offences punishable under Sections 302/34 of the Indian Penal Code.
Allegation against the petitioner is that he along with one another co-accused dipped the deceased in the water causing his death.
Submission of the learned counsel for the petitioner is that the allegation is against another co-accused and not against the petitioner, however, the learned A.P.P. has opposed the prayer for bail on the ground that he has especially named the petitioner along with the other accused person and he has supported her
Patna High Court Cr.Misc. No.32648 of 2018 (5) dt.30-07-2018 2/2 participation in the occurrence, during the course of investigation of the case.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, this is not a case for grant of anticipatory rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.
With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T