Patna High CourtCR. MISC./45124/2018dismissed

Vikash Kumar @ Viky v. The State Of Bihar

2018-07-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45124 of 2018 Arising Out of PS.Case No. -200 Year- 2017 Thana -PIRBAHOR District- PATNA ====================================================== Vikash Kumar @ Viky, son of Shyam Babu Rajak @ Shyam Kumar Rajak, resident of Mohalla- Golakpur Behind Balu Tal, P.S.-Pirbahore, districtPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Sahni, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Pirbahore P.S. Case No.200 of 2017 instituted for the offence under Section(s) 376, 323, 504, 506/34 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Patna.

Prayer of the petitioner for grant of anticipatory bail was earlier rejected by this Court by order dated 19.04.2018 passed in Cr. Misc. No.14340 of 2018.

This second anticipatory bail application has been filed on the ground that the petitioner and the victim has agreed for performing marriage as mentioned in para 8 of the bail petition and compromise petition has also been filed in the Court below.

Patna High Court Cr.Misc. No.45124 of 2018 (2) dt.25-07-2018 2/2 This Court on perusal of order dated 19.04.2018 passed in Cr. Misc. No.14340 of 2018 finds that the same was passed on merit.

In such circumstances, this Court does not find any fresh ground to grant anticipatory bail to the petitioner. Prayer of the petitioner for grant of anticipatory bail is, again, rejected.

The petitioner may, however, surrender and make prayer for regular bail and, in the event, the Court below finds that both have filed necessary petition that they have performed marriage and the Court below is satisfied with such averment, the Court below will pass appropriate order in accordance with law, preferably on the same day, without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T