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Patna High CourtCR. MISC./12535/2019dismissed

Virendra Kumar Sahni v. The State Of Bihar

2019-06-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12535 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- ROSERA District- Samastipur ====================================================== Virendra Kumar Sahni, Son of Surya Narayan Sahni, Resident of Mohalla Ward No. 1, Milki Rajawara, P.S. Rosra, Distt - Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP For the Informant :

Mr. Manish Kumar No.13, Advocate Mr. Rohit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2019 This is an application for grant of anticipatory bail in connection with Rosra P.S. Case No. 187 of 2018, disclosing offences under Sections 376, 457, 511 of the IPC and Section 12 of POCSO Act.

Allegation against the petitioner is of attempting to commit rape upon the minor informant.

Submission of the learned counsel for the petitioner is that as a matter of fact, the maternal uncle of the informant was selling Taddy, which was protested by the petitioner for that a case has also been lodged, as he has been implicated in this case.

Heard learned A.P.P. as well as learned counsel appearing on behalf of the complainant also, who has opposed

Patna High Court CR. MISC. No.12535 of 2019(4) dt.26-06-2019 2/2 the prayer for bail on the ground that the petitioner has lodged a case after lodging the present case and not prior to lodging of this case.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned trial court on its own merit.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T