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Patna High CourtCR. MISC./51869/2021disposed

Rahul Amin Ansari @ Chand @ Chand Mustaque Ansari v. The State Of Bihar

2022-04-04Mr. Justice Sudhir Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51869 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- MAHILA PS District- East Champaran ====================================================== RAHUL AMIN ANSARI @ CHAND @ CHAND MUSTAQUE ANSARI Son of Mustaque Ansari @ Md. Mustaque Ansari @ Mustafa Ansari Resident of Village - Ward no.7, Ghorasahan Dakshini, P.S.- Ghorasahan, Distt.- East Champaran.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard.

After some argument, it has been pointed out that from perusal of the FIR, it is evident that as per the allegation, offence under Section 376(AB) is made out and hence, the present anticipatory bail application is not maintainable in the light of Section-438(4) of the Cr. P.C.

Considering the same, the present anticipatory bail application filed in connection with Motihari Mahila P.S. Case No. 9 of 2021 stands disposed of as not maintainable. In case, the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) A.K.V.//- U T