Sudarshan Rai @ Sudarashan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33742 of 2018 Arising Out of PS. Case No.-4 Year-2002 Thana- BIKRAM District- Patna ====================================================== Sudarshan Rai @ Sudarashan Rai S/o Panchu Yadav @ Panchu Rai, R/o Sarfudinpur, P.S.- Dulhin Bazar, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Dulhin Bazar P.S. Case No. 4 of 2002 dated 09.01.2002 instituted for the offences under Sections 304(B)/201/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioner is the father-in-law of the deceased.

Learned counsel for the petitioner has submitted that the husband of the deceased had faced trial and he was acquitted. However, since the petitioner has been declared an absconder, the privilege of anticipatory bail cannot be accorded to him.

In that view of the matter, Mr. Akhauri Kamal

Patna High Court Cr.Misc. No.33742 of 2018(3) dt.19-07-2018 2/2 Kishore Sahay, learned counsel for the petitioner seeks permission to withdraw the present petition in order to enable the petitioner to surrender before the court below and seek bail.

Should such an application be filed by the petitioner, the court below shall consider it on its own merits and without being prejudiced by the fact that the present petition has not been entertained.

The petition is dismissed as withdrawn with the aforesaid observation.

(Ashutosh Kumar, J) krishna/- U T