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Patna High CourtCR. MISC./3015/2018dismissed

Hafij Mian @ Javed @ Javed Alam v. The State Of Bihar

2018-02-12Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3015 of 2018 Arising Out of PS.Case No. -75 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Hafij Mian @ Javed @ Javed Alam, Son of Ajuba Miya, Resident of Village- Laxmipur, Lakukhan, P.S.- Dhaka, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Pipra Kothi P.S. Case No.75 of 2017 registered under Sections 363, 364 and 120B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that even though the petitioner is named in the FIR, but the victim girl on recovery has not stated the name of this petitioner. Learned APP for the State submits that on perusal of the case diary it appears that the independent witnesses have supported the case of the prosecution and they have stated that the named accused persons are involved in the alleged occurrence.

Patna High Court Cr.Misc. No.3015 of 2018 (3) dt.12-02-2018 Considering the facts and circumstances particularly that in the case diary the police has recorded the statement of independent witnesses and they have supported the case of the prosecution, I am not inclined to grant anticipatory bail to the petitioner.

If the petitioner surrenders in the court below and prays for regular bail, then the same shall be considered on its own merit without being prejudiced by the present order. (Rajeev Ranjan Prasad, J) Arvind/- U T