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Patna High CourtCR. MISC./25053/2023disposed

Mahendra Mukhiya v. The State Of Bihar

2023-07-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25053 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- SRINAGAR District- West Champaran ====================================================== Mahendra Mukhiya Son Kamresh Mukhiya Village- Naya Tola, Ps- Shrinagar, Distt- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Srinagar P.S. Case No. 24/2023 dated 23.02.2023, registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act pending in the Court of learned Additional District & Sessions Judge VI Cum Special Judge, POCSO, Bettiah, West Champaran.

After some arguments, learned counsel for the petitioner seeks permission to withdraw this application. Permission is granted.

Accordingly, the instant application is dismissed as withdrawn.

However, if the petitioner surrenders before the

Patna High Court CR. MISC. No.25053 of 2023(2) dt.11-07-2023 2/2 learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering this fact that petitioner has got no criminal antecedent and in the statement of victim recorded under Section 164 Cr.P.C. in which the victim has not supported the prosecution case.

(Anjani Kumar Sharan, J) ajay/- U T