Pintoo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15256 of 2015 Arising Out of PS.Case No. -107 Year- 2012 Thana -NAGARNAUSA District- NALANDA (BIHARSHARIFF) ====================================================== Pintoo Kumar Son of Damodar Ram Resident of village- Saidpura, P.S. Nagar Nausa, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Chandra Pandey, Adv. For the Opposite Party/s : Mr. Raj Kishore Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 05-10-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under Sections 376/511/323/504/34 of the Indian Penal Code, this Court could have believed the so-called false implication of the petitioner on the ground of there being a delay of almost 41 days in lodging of the First Information Report and that there was also some previous litigation between the parties but, then, what will weigh against the petitioner for grant of privilege of anticipatory bail is that he, despite being the main named accused in the First Information Report, had remained absconding for a period of almost three years before moving this Court for grant of anticipatory bail.

That being so, the prayer for anticipatory bail of the

Patna High Court Cr.Misc. No.15256 of 2015 (7) dt.05-10-2015 petitioner, namely, Pintoo Kumar is rejected but, then, nothing said in this order shall come in the way of the petitioner in surrendering before the court below and making a prayer for regular bail which shall be considered on its own merit without being prejudiced by anything said in this order. (Mihir Kumar Jha, J) Rishi/- U T