Raj Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.16683 of 2015 (3) dt.16-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16683 of 2015 Arising Out of PS.Case No. -321 Year- 2014 Thana -DHAMDAHA District- PURNIA ======================================================

1. Raj Kumar Yadav S/o Bindi Yadav @ Nirmal Yadav Resident of village - Dhamdaha Madhya, P.S. Dhamdaha, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 16-07-2015 Heard.

Let the petitioner surrender before CJM, Purnea in connection with Dhamdaha P.S.Case No.321 of 2014 and pray for regular bail. The court below shall consider that accused persons other than this petitioner have been admitted to anticipatory bail by an order passed by the learned Sessions Judge in ABP No.181 of 2015. The prayer for anticipatory bail of this petitioner was refused by the learned Sessions Judge, Purnea in connection with the above noted case only because there was an allegation against the petitioner of attempting to commit rape upon the informant. Let the learned court below appreciate that all five accused persons were there inside the house of the informant to commit different offences and, as such, the court below shall consider the

Patna High Court Cr.Misc. No.16683 of 2015 (3) dt.16-07-2015 probability of the allegation without being influenced by the gravity of it.

This petition stands disposed of with the above directions under an expectation that the court below shall appreciate the observations of the court and, act accordingly, without being prejudiced towards the petitioner for preferring anticipatory bail petitions.

(Dharnidhar Jha, J) B.Kr./-Saif.

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