Naushad Miya @ Naushad Alam @ Md Naushad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38870 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== NAUSHAD MIYA @ NAUSHAD ALAM @ MD NAUSHAD ALAM Son of Md. Harun @ Harun Miyan Resident of Village- Parsa Dumariya, Ward No. 07, P.S.- Majhaulia, District- West Champaran, Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

As per Sub Section 4 of Section 438 of Cr.P.C., the present anticipatory bail application of the petitioner is not maintainable as the case has been instituted for an offence under Sections 376(D)(A) of I.P.C.

Hence, learned Counsel for the petitioner seeks permission to withdraw the present application in connection with Majhauliya P.S. case No.41 of 2020 (SGR 18/2020) pending in the court of Special Judge, POCSO-cum-A.D.J. VI,

Patna High Court CR. MISC. No.38870 of 2020(4) dt.31-03-2022 2/2 West Champaran at Bettiah, with the liberty to surrender before the court below and make an appropriate application for regular bail.

Permission is accorded.

In case any such application is made, the court below shall consider the same on its own merit without being prejudiced by this order.

The present application stands disposed of as not maintainable.

(Sudhir Singh, J) Narendra/- U T