Patna High CourtCR. MISC./56098/2018withdrawn

Bechan Paswan v. The State Of Bihar

2018-12-10Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56098 of 2018 Arising Out of PS. Case No.-161 Year-2018 Thana- KORHA District- Katihar ====================================================== Bechan Paswan, S/o- Late Chandradeep Paswan, R/o- Musapur, P.S.- Korha, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Korha P.S. Case No. 161 of 2018 dated 15.05.2018 instituted for the offences under Sections 448, 341, 354 and 506 of the Indian Penal Code.

The allegation against the petitioner is of having made sexual advances towards a 14 years old daughter of the informant who is the neighbour of the petitioner. Learned counsel for the petitioner has drawn the attention of this Court to various facts in his defence including that the petitioner had complained against the informant for unauthorizedly and illegally selling country made liquor despite the prohibition being in force in the

Patna High Court Cr.Misc. No.56098 of 2018(2) dt.10-12-2018 2/2 State of Bihar.

There is a delay in lodging of the case as well. However, this Court is not inclined to grant anticipatory bail to the petitioner considering the accusation against him.

At this stage, learned counsel for the petitioner seeks permission to withdraw this petition in order to enable the petitioner to surrender before the court below and seek regular bail. In case the petitioner surrenders and prays for bail, the court below shall not be prejudiced by the fact that the present anticipatory bail petition has not been entertained and shall pass an order in accordance with law after going through the entire materials on record.

The petition is dismissed as withdrawn with the aforesaid observation.

(Ashutosh Kumar, J) krishna/- U T