Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7194 of 2016 Arising Out of PS.Case No. -235 Year- 2015 Thana -RIGA District- SITAMARHI =====================================

1. Rupesh Kumar, Son of Dharmendra Rai, Resident of Village - Kharka, P.S. - Sitamarhi, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kr. Singh, Adv. For the Opposite Party/s : Mr. Indra Kr. Singh (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Riga P.S. Case No.235 of 2015, disclosing offences under Sections 363 and 366(A)/34 of the Indian Penal Code.

Upon perusal of Annexure-4 of the present application, I find that the petitioner has brought on record an affidavit said to have been sworn by the victim, on 01.08.2015, before the Notary Public, wherein, she is

Patna High Court Cr.Misc. No.7194 of 2016 (2) dt.15-03-2016 2/2 said to have stated that she is living with the petitioner as husband and wife. The victim is still traceless. The First Information Report was instituted on 03.08.2015. Considering the fact that the victim is still traceless, I do not find it a fit case for grant of anticipatory bail.

This application is, accordingly, rejected.

The petitioner, abovenamed, is directed to surrender before the court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned court below on its own merit, without being prejudiced by rejection of present application for grant anticipatory bail.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T