Ritesh Kumar @ Ritesh Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47836 of 2018 Arising Out of PS.Case No. -103 Year- 2014 Thana -MAHILA PS District- DARBHANGA ======================================================

1. Ritesh Kumar @ Ritesh Kumar Bhagat S/o Ram Binay Bhagat, resident of Village- Taralahi, P.S.- Bahadurpur, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ugranath Mallik For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2018 The petitioner is apprehending his arrest in connection with Mahila (Darbhanga) P.S. Case No. 103/2014, registered for offences punishable under Sections 366A, 452, 376, 323/34 of the Indian Penal Code and Section 3/4 of POCSO Act. As per F.I.R., allegation against the petitioner is of kidnapping the daughter of the informant. Further it appears that this case is of the year 2014.

Submission of learned counsel for the petitioner is that earlier petitioner has moved for anticipatory bail and the prayer for anticipatory bail was rejected in the year 2015 and thereafter the present application has been filed as the situation has changed and now charge-sheet has been submitted under Section 498-A of the IPC.

Patna High Court Cr.Misc. No.47836 of 2018 (2) dt.21-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides, from perusal of the record, earlier petitioner had moved for grant of anticipatory bail and same was rejected vide order dated 25.06.2015 passed in Cr. Misc. No.17312 of 2015 and at that time also allegation under Section 498-A was there against the petitioner. In such view of the matter, I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender before the court below and make prayer for regular bail, which would be considered on the merit of the case.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T