Gayanand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13519 of 2016 Arising Out of PS.Case No. -173 Year- 2015 Thana -AMAS District- GAYA ====================================================== Gayanand Sharma, Son of Prasidh Sharma, Resident of Village- Uchirwan, P.S.- Sherghati, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Smt. Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-04-2016 Heard.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 366-A and 365 of the Indian Penal Code.

Taking into consideration the fact that the petitioner is the sole accused named in the F.I.R vide Annexure-1 and further taking into consideration the fact that both the victims, namely, Jainandan Kumar, aged about 10 years, and Priyanka Kumari aged about 16 years have supported the prosecution version in their statement recorded under Section 164 Cr. P. C. vide Annexure-2 series, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. Accordingly, his prayer for anticipatory bail in connection with Amas P.S. Case No. 173 of 2015 dated 29.10.2015 pending in the Court of Sri Gorakh Nath Dubey, the learned Judicial Magistrate, 1st Class, Sherghati, Gaya, is hereby rejected.

However, if the petitioner surrenders in the court below within a period of four weeks from today and applies for regular bail, then the same shall be considered and decided on its own

Patna High Court Cr.Misc. No.13519 of 2016 (2) dt.12-04-2016 2/2 merit without being prejudiced by the present order. (Birendra Prasad Verma, J) BTiwary/- U T