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Patna High CourtCR. MISC./26674/2016dismissed

Rakesh Rai v. The State Of Bihar

2016-07-25Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26674 of 2016 Arising Out of PS.Case No. -110 Year- 2013 Thana -HATHAURI District- MUZAFFARPUR ====================================================== Rakesh Rai Son of Maheshwar Rai Resident of Village- Berai, P.S. Hathauri, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Binod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-07-2016 Heard Sri Hari Kishore Thakur, learned counsel for the petitioner and Sri Binod Shankar Modi , learned A.P.P. The sole petitioner, who is named in the F.I.R. in connection with Hathauri P.S. Case No. 110 of 2013 registered for the offence under section 363, 366A and 34 of the Indian Penal Code , has prayed for grant of anticipatory bail. Learned counsel for the petitioner submits that after ten days the victim girl was recovered from the possession of relative of the informant and this fact was disclosed in the statement of the victim recorded under section 164 of the Cr.P.C. On this very ground a prayer has been made for grant of anticipatory bail.

Fact remains that the victim girl was a minor and

Patna High Court Cr.Misc. No.26674 of 2016 (3) dt.25-07-2016 2/2 there is accusation against the petitioner in the F.I.R. itself and the petitioner was named. There is no reason for extending the privilege of anticipatory bail.

The petition stands dismissed.

It goes without saying if petitioner within a period of six weeks from today appears before the court below and makes a prayer for regular bail the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law preferably on the same day.

(Rakesh Kumar, J) Praful/- U T