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Patna High CourtCR. MISC./62727/2019dismissed

Dilip Sah @ Dilip Sahu @ Dilip Shah v. The State Of Bihar

2019-11-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62727 of 2019 Arising Out of PS. Case No.-135 Year-2015 Thana- HASANPUR District- Samastipur ====================================================== 1.

DILIP SAH @ DILIP SAHU @ DILIP SHAH Son of Late Ramotar Sah Resident of Village - Kharaihiya, P.S.- Hasanpur, Dist.- Samastipur. 2.

Ramanand Sah @ Ram Nandan Sahu Son of Late Ramotar Sah Resident of Village - Kharaihiya, P.S.- Hasanpur, Dist.- Samastipur. 3.

Pankaj Sah @ Pankaj Sahu Son of Sudeep Sah @ Dudeep Sah Resident of Village - Kharaihiya, P.S.- Hasanpur, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Hasanpur P.S.Case No.135 of 2015 registered for offences punishable under Sections 448/34, 363/34, 366/34, 376/34 of the Indian Penal Code.

Earlier the prayer for anticipatory bail of the petitioner was rejected vide order dated 29.2.2016 passed in Cr. Misc. No.54116 of 2015 on merit.

Submission of the learned counsel for the petitioners is that due to changed circumstances the parties have settled the dispute.

Patna High Court CR. MISC. No.62727 of 2019(3) dt.14-11-2019 2/2 Heard learned A.P.P. , who has opposed the prayer for bail on the ground that in the year, 2016, the prayer for anticipatory bail of the petitioner was rejected and now after thee years, he has come for grant of anticipatory bail again and in spite of direction, the petitioner has not surrendered.. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioners are directed to surrender before the learned court below within a period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit on submission as well as the materials available on the record without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T