Rakesh Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26761 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- CHAORI District- Bhojpur ====================================================== RAKESH BAITHA, aged about 26 years, Male, Son Of Kamlesh Baitha, Resident of Village - Andhari, P.S.- Chauri, Distt.- Bhojpur at Ara. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shankar Kumar, Advocate For the Opposite Party :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Chauri P.S. Case No. 48 of 2020 for the offence registered under Sections 376, 201, 120(B) of the I.P.C. and Sections 8 and 10 of the POCSO Act.

The prosecution story, in brief, is that the petitioner established physical relationship with the victim. After some argument, learned counsel for the petitioner seeks permission to withdraw the present anticipatory

Patna High Court CR. MISC. No.26761 of 2021(2) dt.07-02-2022 2/2 bail application in light of the amended provisions of law. The present anticipatory bail application is not maintainable in light of Section 438(4) Cr. P.C.

Permission is accorded.

Considering the same, the present anticipatory bail application stands dismissed as not maintainable in connection with POCSO Case No. 110/2020, arising out of Chauri P.S. Case No. 48 of 2020, pending in the court of learned Additional Sessions Judge-VIth, Bhojpur at Ara.

The petitioner is at liberty to approach the court below for his regular bail. If any such application is made on behalf of the petitioner, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) U.K./- U T