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Patna High CourtCR. MISC./28462/2020rejected

Manirul @ Manirul Islam v. The State Of Bihar

2021-01-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28462 of 2020 Arising Out of PS. Case No.-312 Year-2019 Thana- AAJAM NAGAR District- Katihar ====================================================== Manirul @ Manirul Islam, Aged 25 Years, Sex-Male, Son of Abu Baquer Resident of Village - Timirpura, Police Station - Harishchandrapur, District - Malda (W.B.).

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Mandal, Advocate For the Opposite Party :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Azamnagar P.S. Case No. 312 of 2019 for offence under Section 376 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Learned counsel submits that the allegation against the petitioner is patently false and there is an inordinate delay in filing the complaint which was converted into an FIR in terms of Section 156(3) of the Code of Criminal Procedure.

Considering the specific allegation against the petitioner, this Court is not inclined to grant the privilege of

Patna High Court CR. MISC. No.28462 of 2020(2) dt.19-01-2021 2/2 anticipatory bail to him. The prayer for anticipatory bail is rejected.

The petitioner, if so advised, may surrender before the court below and pray for regular bail which shall be considered and disposed of on its own merits without being prejudiced by the order of rejection of this application.

(Anil Kumar Upadhyay, J) BT/- U T