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Patna High CourtCR. MISC./12616/2017dismissed

Subodh Kumar @ Subodh Bhagat v. The State Of Bihar

2017-03-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12616 of 2017 Arising Out of PS.Case No. -16 Year- 2009 Thana -PAROO District- MUZAFFARPUR ====================================================== Subodh Kumar @ Subodh Bhagat, Son of Devendra Bhagat, resident of village - Bisarpatti, P.S. - Saraiya, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vipin Kumar, Advocate. For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is apprehending his arrest in connection with Paroo P.S. Case No. 16 of 2009 registered for the offences punishable under Section 366A of the Indian Penal Code. It has been submitted on behalf of the petitioner that the case was lodged in the year 2009, but the statement under Section 164 of the Code of Criminal Procedure does not show anything against the petitioner. As the petitioner was living outside the State, he could not know anything about the present case. He also admitted that the petitioner is named in the F.I.R. Heard the learned APP also.

Having heard both sides, in view of the fact that the

Patna High Court Cr.Misc. No.12616 of 2017 (2) dt.30-03-2017 2/2 case was lodged in the year 2009 and the petitioner has come for anticipatory bail before this court in the year 2017, I am not inclined to enlarge the petitioner on anticipatory bail. The petitioner should surrender before the court below and make a prayer for regular bail which will be considered by the court below on the materials available on record without being prejudiced by the order of this Court.

Accordingly, this application is dismissed.

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