Patna High CourtCR. MISC./42953/2024dismissed

Mukesh Sahni @ Mukesh Kumar Bhushan v. The State Of Bihar

2024-07-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42953 of 2024 Arising Out of PS. Case No.-57 Year-2020 Thana- MAHILA P.S. District- Samastipur ====================================================== Mukesh Sahni @ Mukesh Kumar Bhushan S/o Ramashish Sahni R/o vill - Rajauli, P.S. - Hayaghat, Distt. - Darbhanga (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The following order was passed on 23.05.2022 in Cr. Misc. No. 43727 of 2021:- "Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and the State.

The petitioner prays for grant of anticipatory bail in Samastipur Mahila P.S. Case No. 57/2020 registered for the offence punishable under Sections 376(DA), 363 of the Indian Penal Code and Section 4 of the POCSO Act. The petitioner is accused of committing rape and he has been named in the statement of the victim recorded under Section 164 of the Cr. P.C.

In view of the above, this is not a fit case for grant of anticipatory bail.

It is, accordingly, dismissed."

3. This is the second anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.42953 of 2024(2) dt.19-07-2024 2/2

4. Considering the facts and circumstances of the case, this application is dismissed.

5. The petitioner is directed to surrender within two weeks failing which the Superintendent of Police, Samastipur will take all steps for arrest of the petitioner as the earlier prayer of the petitioner for grant of anticipatory bail was rejected on 23.05.2022.

6. Let a copy of the order be communicated to the Superintendent to Police, Samastipur through FAX/e-mail forthwith for compliance of the order.

(Sandeep Kumar, J) Saif/- U T