Patna High CourtCR. MISC./4977/2016withdrawn

Srikant Yadav v. State Of Bihar And ANR

2016-03-16The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4977 of 2016 Arising Out of PS.Case No. -33 Year- 2013 Thana -MAHILA PS District- BUXAR ======================================================

1. Srikant Yadav, Son of Late Naresh Yadav, resident of Village- Parsiya, Police Station- Brahmpur (Chamki O.P.), District- Buxar. Presently residing at 4N, Rajab Ali Lane, Police Station Ekbalpore, Kolkata- 700023 (W.B.). .... .... Petitioner/s

Versus

1. The State of Bihar

2. Suresh Kumar Singh, son of Late Shiv Muni Singh, resident of VillageKharbaniya, Police Station- Sikrol, District- Buxar (Bihar). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Ram Chandra Sahni (App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 16-03-2016 Heard Mr. Syed Masleh-Uddin Ashraf, learned Counsel for the petitioner, and Mr. Ram Chandra Sahni, learned Additional Public Prosecutor for the State.

Considering the fact that an application for bail, under Section 438 of the Code of Criminal Procedure in connection with Buxar Mahila Police Station Case No.33 of 2013, under Sections 498A/504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act was earlier rejected by order, dated 08.07.2015, passed in Cr. Misc. No.25240 of 2015, primarily on the basis of the order and judgment of rejection of prayer for bail, dated 23.03.2015, in A.B.P. No.1031/13 by the learned Sessions Judge, Buxar, the facts, which the petitioner

Patna High Court Cr.Misc. No.4977 of 2016 (2) dt.16-03-2016 2/2 describes as facts which had not been brought to the notice of the learned court below and/or this Court earlier, the petitioner had filed an application for bail by bringing on record those fact which had not been brought on record while making A.B.P. No.1031/13.

In view of the above, Mr. Syed Masleh-Uddin Ashraf, learned Counsel for the petitioner, seeks to withdraw this application with liberty to approach the court below for bail. In case such an application is filed, the court below shall consider and dispose of the application in accordance with law.

The application is hereby disposed of as withdrawn. (I.A. Ansari, ACJ) K.C.jha/- U T