IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.4809 of 2011
Bachhi Devi, wife of Kaushal Yadav, resident of village-
Bijulki, P.S. Halsi, District- Lakhisarai ---Petitioner.
Versus
THE STATE OF BIHAR --Opp. Party.
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2/ 09-02-2011 Heard the parties.
The prayer for anticipatory bail made on behalf of
the petitioner was earlier rejected by a speaking order
dated 15.03.2010 passed in Cr. Misc. No. 3057 of 2010
(Annexure-1), though by the same order the prayer for
anticipatory bail made on behalf of six other co-accused
persons was allowed. While rejecting the prayer for
anticipatory bail of the petitioner in connection with Halsi
P.S. Case No. 87 of 2009, pending in the court of learned
Chief Judicial Magistrate, Lakhisarai, she was directed to
surrender in the court below and, if so advised, pray for
regular bail. Obviously, the direction issued by this Court
by order dated 15.03.2010 has not been complied with by
the petitioner and instead the present fresh petition has
been moved, seeking anticipatory bail on the ground that
co-accused Yogi Yadav has also been granted anticipatory
bail by a Bench of this Court. Obviously, when the prayer
for anticipatory bail made on behalf of co-accused Yogi
Yadav was considered, the order dated 15.03.2010 was not
brought to the notice of the Bench concerned and naturally
there is no discussion about that order.
2
In the facts and circumstances of the case, this
court does not find any good ground for reviewing the
previous order passed on 15.03.2010 (Annexure-1).
Accordingly, the prayer for anticipatory bail made on
behalf of the petitioner in connection with Halsi P.S. Case
No. 87 of 2009 is once again rejected. The petitioner must
surrender in the court below without unnecessary delay,
preferably within a period of four weeks from today and , if
so advised, seek regular bail.
( Birendra Prasad Verma, J.)
BTiwary/