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Patna High CourtCR. MISC./9412/2021dismissed

Md Wasif @ Md Wasif Alam v. The State Of Bihar

2021-07-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 9412 of 2021 (Arising out of P.S. Case No. 57, year- 2019, Thana Mahila P.S. District Katihar) ====================================================== Md. Wasif @ Md. Wasif Alam son of Md. Sabir , R/O Village Narayanpur, P.S. Azamnagar (O.P. Salmari), District Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Qumrul Hoda, Adv. For the Opp. Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present petition has been filed seeking anticipatory bail in connection with Mahila P.S. Case No. 57 of 2019 for the offence punishable under Sections 376, 323, 379, 354B, 504, 506 of the Indian Penal Code and Section 4 of the POCSO Act.

In view of the fact that the prayer of the petitioner for grant of anticipatory bail has already been rejected earlier, vide order dated 23.06.2020 passed in Cr. Misc. No. 8391 of 2020, the Ld. counsel for the petitioner seeks to withdraw the present

petition with liberty to surrender before the learned court below within a period of eight weeks from today and pray for regular bail. At this juncture, the learned counsel for the petitioner submits that some protection be granted to the petitioner during the interregnum period.

The learned APP for the State, Shri Ashok Kumar, does not oppose the aforesaid request of the petitioner. Accordingly, the present petition stands disposed of as not pressed, however, with liberty to the petitioner to surrender before the learned court of Additional District and Sessions Judge VI-cum-Special Judge POCSO Act, Katihar, within a period of eight weeks from today and seek regular bail. It is further directed that for a period of eight weeks from today, no coercive steps shall be taken against the petitioner in connection with Mahila P.S. Case No. 57 of 2019.

(Mohit Kumar Shah, J) Tiwary/-