Khuwaju @ Khawaju v. The State Of Bihar

Patna High Court Cr.Misc. No.11399 of 2015 (2) dt.24-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11399 of 2015 Arising Out of PS.Case No. -136 Year- 2013 Thana -DIGHALBANK District- KISANGANJ ======================================================

1. Khuwaju @ Khawaju S/o- Alauddin, Resident of Village- Dogachi, P.s.- Garbandanga, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 24.03.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Taking into consideration that there is specific allegation of rape against the petitioner, I am not inclined to grant him the privilege of anticipatory bail and accordingly, his prayer for anticipatory bail in connection with Dighalbank P.S. case no. 136/2013 pending in the court of the Chief Judicial Magistrate, Kishanganj stands rejected. However, if the petitioner surrenders within four weeks from today and seeks regular bail, his regular bail application shall be considered on its own merit without being prejudiced by this rejection order.

shahid (Hemant Kumar Srivastava,J) U T