Niranjan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58361 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -TANDWA District- AURANGABAD ====================================================== Niranjan Thakur, Son of Upendra Thakur, Resident of Village - Tofir Gadhiya, P.S.- Chautham, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh, Adv. For the Opposite Party/s : Mr. Satyaverat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-02-2016 Heard.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 377 and 511/34 of the Indian Penal Code.

Taking into consideration the fact that the petitioner is specifically named in the FIR vide Annexure-1 as an accused and further taking into consideration the fact that he is a member of Special Auxiliary Force (SAF) and also taking into consideration the fact that he is alleged to have attempted to sodomize to the son of the informant, this Court is not inclined to accede to the prayer made on his behalf for grant of anticipatory bail. Accordingly, his prayer for grant of anticipatory bail in connection with Tandwa P.S. Case No. 40 of 2015 pending in the court of learned Judicial Magistrate-1st Class, Aurangabad is hereby rejected.

However, if the petitioner surrenders in the court below within a period of one month from today and applies for regular bail, then the same shall be considered and decided on its

Patna High Court Cr.Misc. No.58361 of 2015 (3) dt.12-02-2016 own merits without being prejudiced by the present order, if possible on the same day.

(Birendra Prasad Verma, J) Arvind/- U T