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Patna High CourtCR. MISC./45071/2014dismissed

Rafakat Ansari @ Md. Rafkat Ansari v. The State Of Bihar

2015-06-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45071 of 2014 Arising Out of PS.Case No. -76 Year- 2014 Thana -MEHANDIA District- JEHANABAD ====================================================== Rafakat Ansari @ Md. Rafkat Ansari Son of Md. Gani Haidar Ansari R/o Village - Terri, P.S. - Mehendiya, District- Arwal. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar, Advocate.

For the Opposite Party : Smt.Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2015 Heard both sides.

The petitioner apprehends his arrest in Mehandia P.S. Case No. 76 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant made allegation of assault and abusing against the petitioner and other accused persons. Mr. Ajay Kumar, learned counsel for the petitioner submits that similarly situated accused has already been enlarged on bail by this Court.

From perusal of records, it appears that the petitioner has already been declared absconder after issuance of process under Sections 82 and 83 of the Cr.P.C.

Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.45071 of 2014 (3) dt.22-06-2015 2/2 enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and the court below shall dispose of the regular bail petition taking into consideration that some of the accused has already been enlarged on bail preferably on the same day on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T