Gonaur Sirji @ Gonaur Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3118 of 2016 Arising Out of PS.Case No. -441 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Gonaur Sirji @ Gonaur Mahto, S/o Late Lakshman Mahto, resident of Mohalla - Atardah Mai Asthan, P.S. Sadar, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-02-2016 Heard.

The petitioner apprehends his arrest in a criminal prosecution registered under Section 376 of the Indian Penal Code and Section 4/6 of The Protection of Children from Sexual Offences Act, 2012.

Taking into consideration the fact that the petitioner is the sole accused named in the FIR vide Annexure-1 as an accused with specific allegation of commission of rape with a minor girl aged about 7 years, this Court is not inclined to accede to the prayer made on his behalf for grant of anticipatory bail. Accordingly, his prayer for grant of anticipatory bail in connection with Sadar P.S. Case No. 441 of 2015 pending in the court of learned 1st Additional Sessions Judge-cum-Special Judge (POCSO), Muzaffarpur is hereby rejected.

However, if the petitioner surrenders in the court below within a period of one month from today and applies for regular bail, then the same shall be considered and decided on its

Patna High Court Cr.Misc. No.3118 of 2016 (3) dt.12-02-2016 own merits without being prejudiced by the present order. (Birendra Prasad Verma, J) Arvind/- U T