Bittu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12374 of 2018 Arising Out of PS.Case No. -880 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. Bittu Kumar

2. Chhotu Kumar Both sons of Manoj Kumar Gupta, resident of village Batraha (Bhartiya Nagar), Ward No. 27, P.S. & Distt. Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Saharsa Sadar P.S. Case No. 880 of 2014 instituted for the offence under Sections 366(A)/34 of the Indian Penal Code and Section 8 of Prevention of Children from Sexual Offence Act. Earlier prayer for anticipatory bail of both the petitioners has been rejected by a coordinate Bench of this Court vide order dated 4.11.2015 passed in Cr. Misc. 48967 of 2015. This second anticipatory bail application has been filed on the ground that one of the co-accused Kanhaiya Kumar has been granted anticipatory bail by coordinate Bench of this Hon'ble High Court vide order dated 16.03.2016 passed in Cr. Misc. 6097

Patna High Court Cr.Misc. No.12374 of 2018 (2) dt.28-02-2018 2/2 of 2016.

This Court finds that this second anticipatory bail application has been filed after more than 1 1⁄2 years of passing order in aforesaid anticipatory bail application. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T