Shambhu Ram @ Shyam Kumar Ram @ Samu Ram @ Ramu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4262 of 2019 Arising Out of PS. Case No.-111 Year-2009 Thana- MUFFASIL District- West Champaran ====================================================== Shambhu Ram @ Shyam Kumar Ram @ Samu Ram @ Ramu Ram Dukhi son of Ram Resident of Village - Ganauli, P.S. Bettiah (Mufasil) District West Champaran.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2019 Earlier the prayer for anticipatory bail of the petitioner was rejected, vide order dated 8.9.2009 passed in Cr. Misc. No.30697 of 2009 and the offences is under Section 376 of the IPC.

Submission of the learned counsel for the petitioner is that still the investigation is going on. It further appears from the earlier order passed in Cr. Misc. No.30697 of 2009 that the petitioner has taken a plea of juvenile and he was directed to file an application before the competent court for deciding his juvenility, however, the petitioner did not file the same and came for anticipatory bail again after ten years. Heard learned A.P.P. also.

In such view of the matter, I am not inclined to grant

Patna High Court Cr.Misc. No.4262 of 2019(3) dt.22-02-2019 2/2 anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of 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 observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T