Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6226 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== Rahul Kumar, son of Tilak Mistry Resident of village-Bageya, Police StationImamganj, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-02-2019 The petitioner seeks bail in anticipation of his arrest in connection with Imamganj P. S. Case No. 93 of 2018 dated 12.07.2018 instituted for the offences under Sections 376, 120(B), 506 and 34 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act, 2012.

After some arguments, Mr. Binod Kumar, learned advocate for the petitioner seeks permission to withdraw this petition to enable the petitioner to surrender before the court below and seek bail.

Should such an application be filed, the court below shall take into account that the F.I.R. itself reflects that there had been an association with the petitioner and the

Patna High Court Cr.Misc. No.6226 of 2019(3) dt.20-02-2019 2/2 prosecutrix and that the petitioner even on date is ready to go for DNA test to disprove the allegation of his having fathered the child, and thereafter shall pass orders in accordance with law without being prejudiced with the fact that the present petition has not been entertained by this Court.

(Ashutosh Kumar, J) skm/- U