Patna High Court - Orders
Bersha Gupta @ Bersa Kumari vs State Of Bihar on 9 September, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26510 of 2009
BERSHA GUPTA @ BERSA KUMARI
Versus
STATE OF BIHAR
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02/ 09.09.2009Heard Sri Arjun Prasad No. 2, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State.
The Court simply is not inclined to entertain the present petition not because it has any hesitation in entertaining the petition on account of withdrawal of the earlier petition, but because the order dismissing the anticipatory bail petition or even regular bail on account of being withdrawn could not be creating a fetter in the jurisdiction of the lower courts in passing orders on merits. I have expressed this view in reported decision of this Court in Dinesh Parwat Vs. State of Bihar & Anr. reported in 2007(3) B.B.C.J., 110. Further the Court has been informed that husband, who was main accused, was put on trial before a competent court and he has been acquitted of the charges. The petitioner, if so advised, may surrender and pray for regular bail and the court below may consider the above circumstances and pass appropriate order without any prejudice towards petitioner for preferring anticipatory bail -2- petition.
This petition is disposed of in the above light. If the cost of fax is deposited by the petitioner the present order may be transmitted to the court of Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 192 of 2006.
DKS/ (Dharnidhar Jha, J.)