Guddu Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14412 of 2017 Arising Out of PS.Case No. -84 Year- 2016 Thana -DARAUNDHA District- SIWAN ====================================================== Guddu Ansari Son of Maksud Ansari Resident of Village - Semari, P.S. M. H. Nagar, District Siwan.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-03-2017 Heard the counsel for the petitioner and Mr. Dayal, APP for the State.

This is repeat application on behalf of the petitioner seeking anticipatory bail in Daraunda (M.H.Nagar) P.S. Case No. 84 of 2016 registered under section 366-A/34 IPC. Earlier, the petitioner along his father, another co-accused, had approached this Court for grant of anticipatory bail. Prayer for anticipatory bail made on behalf of Maksood Ansari was granted whereas the prayer of the petitioner was rejected.

It is submitted that the victim has made a statement under section 164 Cr. P.C. on 04.02.2017 negating the case put up by the prosecution. The petitioner, in view of aforesaid, deserves to be granted anticipatory bail.

Patna High Court Cr.Misc. No.14412 of 2017 (2) dt.29-03-2017 2/2 Mr. Dayal, on the other hand, submits that as per the prosecution case the victim was a minor. The petitioner has attempted to tamper with the evidence as would be evident from Annexure-4. In the eye of law, he would be considered as an absconder.

Considering the facts and circumstances of the case, I am not persuaded to grant the petitioner the privilege of anticipatory bail. Prayer is refused. The petitioner shall surrender and prayer for bail in the court below.

(Kishore Kumar Mandal, J) HR/- U T