Patna High CourtCR. MISC./6303/2017disposed

Phool Rain @ Shahid Rain v. The State Of Bihar

2017-02-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6303 of 2017 Arising Out of PS.Case No. -33 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Phool Rain @ Shahid Rain, son of Jakair Rain, resident of Rajopatti Ansari Tola, P.S. and District-Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Ashar Mustafa ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 Heard the parties.

The petitioner apprehends his arrest in Sitamarhi P.S. Case No.33 of 2015 for the offences punishable under Sections 448, 341, 323, 324, 354, 379 and 504/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that earlier to lodging of this case petitioner has filed a case i.e. Sitamarhi P.S. Case No.32 of 2015 against the informant and others and only with a view to put pressure upon the petitioner the present false and concocted case has been filed. Heard learned A.P.P. as well as learned for the informant. Learned counsel for the informant submits that there is allegation against the petitioner of biting the informant on her cheek and he torn the salwar also and make her half naked and petitioner is also accused in one similar nature of case.

Patna High Court Cr.Misc. No.6303 of 2017 (2) dt.20-02-2017 Having heard both sides. In view of the facts, as stated above, this not a fit case for grant of anticipatory bail. Let the petitioner, above named, surrender in the court below within a period of four weeks and make prayer for regular bail which shall be considered on its own merit and also after considering the materials available on the record, the learned court below shall dispose of the prayer for bail of the petitioner, without being prejudiced by this order.

With the above observation, this application is disposed of.

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