Mushaharu Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.3263 of 2015 (2) dt.23-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3263 of 2015 Arising Out of PS.Case No. -200 Year- 2011 Thana -BABUBARHI District- MADHUBANI ====================================================== Mushaharu Sahani, son of Fulo Sahani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Babubarhi P.S. Case No. 200 of 2011 registered for the offences punishable under Sections 376(2.g), 302, 201/34 of the Indian Penal Code.

Taking into consideration that petitioner approached the learned Sessions Judge in the year 2014 for grant of anticipatory bail when co-accused, in whose confessional statement the name of this petitioner came in light succeeded to get acquittal in his favour, I am not inclined to grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Babubarhi P.S. Case No. 200 of 2011 pending in the court of Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.3263 of 2015 (2) dt.23-01-2015 Madhubani stands rejected.

However, if petitioner surrenders before the court below within four weeks from the date of receipt/production of copy of this order and seeks regular bail before the competent court, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T