Patna High CourtCR. MISC./38867/2016rejected

Md. Anwar v. The State Of Bihar

2016-11-21Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.38867 of 2016 (3) dt.21-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38867 of 2016 Arising Out of PS.Case No. -5 Year- 2015 Thana -AMAUR District- PURNIA ======================================================

1. Md. Anwar s/o Late Mohiv @ Kare, resident of village- Hakka, P.S. Amour, Distt- Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 21.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Amour P. S. case no. 05/2015 registered under section 366A/34 of the Indian Penal Code.

Victim has specifically stated in her statement recorded under section 164 Cr.P.C that she was forcibly taken away by the petitioner and two others and subsequently, she became unconscious. After having consciousness, she got an opportunity and telephoned her cousin brother who came there and rescued her. Submission on behalf of the petitioner is that co- accused Md Nadeem, Rahbar, Akbar and Seema have already been admitted to anticipatory bail by a coordinate bench of this court but in my view, it is not a fit case for grant of privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in

Patna High Court Cr.Misc. No.38867 of 2016 (3) dt.21-11-2016 connection with the above stated case stands rejected. However, this order shall not cause any prejudice to the competent court while considering regular bail application of the petitioner, if the petitioner surrenders within six weeks from the date of receipt of this order to the concerned court and seeks regular bail. shahid (Hemant Kumar Srivastava,J) U T