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Patna High CourtCR. MISC./41452/2014rejected

Sanjay Kumar Yadav @ Sanjay Yadav v. The State Of Bihar

2015-03-20Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41452 of 2014 Arising Out of PS.Case No. -29 Year- 2014 Thana -SISWAN District- SIWAN ====================================================== Sanjay Kumar Yadav @ Sanjay Yadav, Son of Vishram Yadav, Resident of Village - Gyaspur Mathia, P.S.- Siswan, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. M.K.Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-03-2015 Heard.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 366A, 380/34 of the Indian Penal Code.

Taking into consideration the fact that the petitioner is named in the FIR vide Annexure-1 as an accused and there is specific allegation against him for commission of crime in question and further taking into consideration the fact that the victim girl is a minor and in her statement recorded under Section 164 Cr.P.C. she has supported the prosecution allegation made against him, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail in connection with Siswan P.S. Case No.29 of 2014 pending in the court of learned Judicial Magistrate-1st Class, Siwan. Accordingly, his prayer for anticipatory bail is rejected. However, if the petitioner surrenders in the court below within a period of four weeks from today and makes a prayer for regular bail, then the same shall be considered and decided on its

Patna High Court Cr.Misc. No.41452 of 2014 (2) dt.20-03-2015 own merits, without being prejudiced/influenced by the present order.

(Birendra Prasad Verma, J) Arvind/- U T