← Library
Patna High CourtCR. MISC./4878/2017dismissed

Rana Pratap Thakur v. The State Of Bihar

2017-02-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4878 of 2017 Arising Out of PS.Case No. -528 Year- 2014 Thana -BARHARIA District- SIWAN ====================================================== Rana Pratap Thakur Son of Parduman Thakur, Resident of VillageMalkauli, Pathauli, P.S. Bagahan, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad Sharma, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 366A/34 of the Indian Penal Code.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that he is not named in the F.I.R. but the victim girl in her statement under Section 164 Cr. P.C. has named this petitioner also. As such, petitioner has been implicated as an after-thought accused in this case.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that the victim girl has disclosed name of the petitioner in her statement under Section 164 Cr. P.C., I am not inclined to grant anticipatory

Patna High Court Cr.Misc. No.4878 of 2017 (2) dt.15-02-2017 2/2 bail to the petitioner, the same is rejected. However, petitioner is directed to surrender in the court below, i.e., learned A.C.J.M.,-VIth, Siwan, in connection with Barharia G. B. Nagar P. S. Case no. 528 of 2014 and make prayer for regular bail which will be considered on its own merit without being prejudiced by the order of this Court. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) sudip/- U T