Deoki Mir @ Mir Maimullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79298 of 2018 Arising Out of PS. Case No.-343 Year-2018 Thana- SIKARPUR District- West Champaran ====================================================== Deoki Mir @ Mir Maimullah Son of Mir Hasan Mir Resident of VillageChaturbhujwa, Police Station-Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with Shikarpur P.S. Case No. 343 of 2018 dated 11.09.2018 instituted for the offences under Sections 341, 342, 323, 354, 509, 34 of the Indian Penal Code and Section 8 of the Protection of Children From Sexual Offences Act, 2012.

After some argument, the learned counsel for the petitioner seeks permission to withdraw the present petition in order to enable the petitioner to surrender before the Court below and seek regular bail.

Should such an application be filed, the Court below shall take into account that petitioner has earlier been made accused at the instance of the family members of the

Patna High Court Cr.Misc. No.79298 of 2018(2) dt.28-01-2019 2/2 informant/prosecutrix and there could be a reason behind falsely implicating the petitioner and shall pass orders in accordance with law without being prejudiced by the fact that the present petition for anticipatory bail has not been entertained.

The petition is dismissed as withdrawn with the aforesaid observation.

(Ashutosh Kumar, J) Shageer/- U T