Patna High CourtCR. MISC./74333/2018bail rejected

Mamta Kumari @ Kumari Mamta @ Mamta Devi v. The State Of Bihar

2019-03-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74333 of 2018 Arising Out of PS. Case No.-252 Year-2016 Thana- KHAGARIA District- Khagaria ====================================================== Mamta Kumari @ Kumari Mamta @ Mamta Devi, Wife of Ranjit Das @ Ranjit Kumar, Resident of Village- Durgapur, Police Station-Khagaria, Muffasil, District-Khagaria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bharat Bhushan, Advocate.

For the Opposite Party :

Mr.Sri Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 341, 323, 354, 366(A) and 34 of the IPC.

The prosecution story, in brief, is that on 14.04.2016 at about 10.00 A.M. while the informant alongwith her daughter Neha Kumari was waiting for vehicle at Vishwakarma Temple on N.H. 31 to go to Khagaria Market to purchase articles on the eve of Ram Navami, the petitioner alongwith co-accused persons armed with pistol came there terrified her and her daughter and kidnapped her daughter and got her daughter seated in Jeep. The informant tried to save the alleged victim but the accused persons assaulted her with butt of weapon and

Patna High Court CR. MISC. No.74333 of 2018(2) dt.06-03-2019 2/2 turned her down and fled away with vehicle towards north side. This is second attempt for grant of anticipatory bail on behalf of the petitioner.

Earlier anticipatory bail application of the petitioner was rejected vide Cr. Misc. No. 40604 of 2016 order dated 14.12.2016 by this Court taking into account that the present case was instituted for the offence under Section 366(A)/34 and other allied Sections of the IPC. The victim girl is still traceless. As per the F.I.R., specific allegation has been made against this petitioner.

I find no fresh ground for reconsidering the second anticipatory bail application of the petitioner. The same is again rejected in connection with Khagaria Muffasil P.S. Case No. 252 of 2016, pending in the court of learned C.J.M. Khagaria. Anyhow, if the petitioner surrenders in the learned court below and prays for regular bail, the same shall be considered and disposed of on its own merit without being prejudiced by this order of the Court.

(Sudhir Singh, J) U.K./- U T