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Patna High CourtCR. MISC./50478/2015rejected

Manoj Kumar v. The State Of Bihar

2015-11-05Mr. Justice Ashwani Kumar Singh1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50478 of 2015 Arising Out of PS.Case No. -33 Year- 2005 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manoj Kumar son of Bhola Prasad, resident of village-Budwaha, P.S.- Chhauradano, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Chhauradano P.S. Case No.33 of 2005 registered under Sections 366A/34 of the Indian Penal Code.

Regard being had to the fact that the FIR was registered in the year 2005 and after recovery, the victim has taken the name of the petitioner in her statement recorded under section 164 of the Code of Criminal Procedure, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the application is dismissed.

In case the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Md.S./- U T