Upendra Mistri @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45618 of 2024 Arising Out of PS. Case No.-130 Year-2023 Thana- MAIN P.S. District- Gaya ====================================================== Upendra Mistri @ Upendra Kumar, S/O Late Sitaram Mistri R/O VillageRaghuni Bigha, P.S- Main, Distt.- Gaya. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjay Sharma For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-08-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in Main P. S. Case No.130 of 2023 registered for the offences punishable under Sections 363, 366 and 34 of the Indian Penal Code.

3. The Deputy Superintendent of Police, Gaya, the Station House Officer and the Investigating Officer of the case are present in compliance of the order dated 24.07.2024.

4. The D.S.P., Gaya submits that the victim has come back and her statement has been recorded under Section 164 of the Cr.P.C. and the police has submitted final form finding the case to be a mistake of facts, on which the learned counsel appearing on behalf of the petitioner submits that now,

Patna High Court CR. MISC. No.45618 of 2024(4) dt.14-08-2024 2/2 petitioner does not have any apprehension of arrest and thus, seeks permission to withdraw the present anticipatory bail application.

5. Permission is accorded.

6. Accordingly, instant petition is dismissed as withdrawn.

7. The personal appearance of the D.S.P., Gaya, the S.H.O. and Investigating Officer of the case is dispensed with. (Satyavrat Verma, J) vikash/- U T