Patna High CourtCR. MISC./74294/2018dismissed

Kumar Raj @ Raj Kumar v. The State Of Bihar

2018-12-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74294 of 2018 Arising Out of PS. Case No.-219 Year-2015 Thana- NATHNAGAR District- Bhagalpur ====================================================== Kumar Raj @ Raj Kumar Son of Rubi Hari Resident of Mohalla-Khundi Tola,Bibi Baksan Lane,Goldar Patti,Police Station-Nath Nagar (Lalmatiya),Distt.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar Sinha For the Opposite Party/s :

Mr.Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the parties.

The application for anticipatory bail arises out of Nath Nagar P.S. Case No. 219 of 2015, disclosing offences under Sections 363 and 366-A/34 of the Indian Penal Code. Since the petitioner has approached this Court for grant of anticipatory bail nearly three years after registration of the FIR, I am not inclined to entertain this application. Learned Senior Counsel, appearing on behalf of the petitioner, submits that except that the petitioner's mobile number was found recorded in the books of the victim, he has been implicated. The fact, however, remains that the victim has so far not been recovered.

However, I have not gone into the merits of the

Patna High Court Cr.Misc. No.74294 of 2018(2) dt.21-12-2018 2/2 allegation against the petitioner and I am rejecting this application only on the ground of delay in approaching this Court. This application is accordingly rejected. However, the petitioner is directed to surrender in the court below within four weeks from today and seek regular bail, if so advised. If he does so, the court below shall consider his prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T