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Patna High CourtCR. MISC./57467/2015rejected

Baliram Singh v. The State Of Bihar

2016-01-04Justice Smt. Anjana Mishra2 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57467 of 2015 Arising Out of PS.Case No. -151 Year- 2015 Thana -BARAULI District- GOPALGANJ ====================================================== Baliram Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Md. Najmul Bari For the Opposite Party/s : Mr. Sanjay Kumar Pandey (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-01-2016 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Barauli P.S. Case No. 151 of 2015, registered for offences punishable under Sections 366A, 363/34 of the Indian Penal code. The learned counsel for the petitioner submits that his name has been brought into the present F.I.R. due to malicious intent as he is the Ex-Sarpanch of the village. He further submits that the petitioner has no role to play in the disappearance of minor girl.

However, considering the fact that the minor girl has not yet been recovered, I am not inclined to grant anticipatory bail to the petitioner, which is accordingly rejected. It is made clear that if the petitioner can facilitate the

Patna High Court Cr.Misc. No.57467 of 2015 (2) dt.04-01-2016 2 / 22 recovery of the victim girl who is a minor and is said to be living with the grandparents of the accused as is submitted by the learned Counsel for the petitioner, he may move the Court below. Thereafter, it shall be open to the concerned Court to consider his case on its own merit without being prejudiced by this order on the same day.

(Anjana Mishra, J) sunil/- U T