IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36105 of 2008 SUMITRA DEVI Versus STATE OF BIHAR ----------- 2. 11.11.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by order dated 4.8.2008 passed in A.B.A. No. 261 of 2008 by the Additional Sessions Judge, Supaul. She had gone seeking anticipatory bail in Marouna P.S. Case No. 24 of 2001 registered under Section 302, 120B of the Penal Code in which her name was also mentioned on suspicion. The F.I.R. itself makes it apparent that the dead body was found abandoned by the side of a village passage. The court below has explicitly quoted that there are statements under Section 164 Cr.P.C., that there are statements under Section 161 Cr.P.C. and also referred to certain paragraphs of the case diary to then quote that the charge sheet has been submitted and that the petitioner has been absconding. Unfortunately, the impugned order does not at all discuss the nature of the materials in the case diary which persuaded it to reach to the conclusion on the basis of the evidence available during investigation against the petitioner to deny her privilege of anticipatory bail. All that the impugned order contains is rhetorical incantations of paragraphs of the case diary in a desperate justification to deny relief. The impugned order of rejection was 2 amenable to judicial review by this Court. The nature of the order hinders such review. The matter is remanded to the court below to pass a fresh order on the prayer for anticipatory bail after a brief discussion of the nature of the materials available during investigation with regard to the crime vis-à-vis the petitioner to warrant rejection of her prayer for anticipatory bail. Let the same be done within a period of two months from the date of receipt and/or production of a copy of this order before the court below. The fresh hearing shall be done only on basis of the materials already available on record. Counsel for the petitioner is present and submits that the petitioner shall duly appear before the court below and file an application to that effect within a period of two weeks from today. The petitioner abovenamed in the aforesaid facts is directed to surrender immediately when she shall be enlarged on anticipatory bail for a period of 75 days only on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Supaul in Marouna P.S. case No. 24 of 2001, subject to the conditions laid down under Section 438(2) Cr.P.C. AKS/ (Navin Sinha, J.)