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Patna High CourtCR. MISC./55050/2016rejected

Charitra Nishad v. The State Of Bihar

2017-02-16Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55050 of 2016 Arising Out of PS.Case No. -277 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Charitra Nishad, son of Batoran Nishad, resident of Naya Tola Kasha P.S. Maranchi, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Barauni (Chakiya) P. S. Case No. 277 of 2016 registered for offences punishable under Section 364 of the Indian Penal Code. It has been submitted by the learned counsel for the petitioner that the allegation against the petitioner is false and concocted and he has committed no offence. He submits that F.I.R. has been lodged after delay of eleven days and there is no satisfactory explanation.

Learned Additional P.P. appearing for the State opposes the prayer for bail and submits that there is an ample material in the diary to suggest complicity of the petitioner in the

Patna High Court Cr.Misc. No.55050 of 2016 (3) dt.16-02-2017 2/2 alleged crime. Victim is still traceless.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer for bail of the petitioner. Accordingly, this application is rejected.

However, petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) Sudha/- U T