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Patna High CourtCR. APP (SJ)/2392/2024withdrawn

Rakib @ Md Rakib @ Md Rakibuddin v. The State Of Bihar

2024-08-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2392 of 2024 Arising Out of PS. Case No.-41 Year-2023 Thana- SC/ST District- Araria ====================================================== 1.

Rakib @ Md Rakib @ Md Rakibuddin Son Of Late Badruddin Resident Of Village - Banmottar Ward No.-13, P.S. - Jokihat, District - Araria 2.

Guddu @ Md Sartaj @ Sartaj @ Mohammad Sartaj Son Of Mahbub Resident Of Village - Banmottar Ward No.-13, P.S. - Jokihat, District - Araria ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Leela Devi Wife Of Late Shyamlal Rajak Resident Of Village - Banmottar Ward No.-13, P.S. - Jokihat, District - Araria ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Md Ziaul Quamar, Advocate For the Respondent/s :

Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the appellants and learned Special Public Prosecutor for the State.

2.

At the outset, it is submitted by learned Special Public Prosecutor for the State that the prayer for pre-arrest bail of the appellants is not maintainable as cognizance has already been taken by the court below also for the offences punishable under the SC/ST Act. In this regard, reliance is placed in the case of Bachu Das vs. State of Bihar & Ors, reported in (2014) 3 SCC 471.

3.

At this stage, the learned counsel appearing on

Patna High Court CR. APP (SJ) No.2392 of 2024(4) dt.23-08-2024 2/2 behalf of the appellants, after arguing vehemently and realizing his difficulty, seeks permission of this Court to withdraw the appeal.

4.

Permission is accorded.

5.

Accordingly, the present appeal is dismissed as withdrawn.

(Rudra Prakash Mishra, J) Raj Kishore/- U T