Sadique @ Md. Sadique v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49465 of 2018 Arising Out of PS.Case No. -197 Year- 2017 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Sadique @ Md. Sadique S/o Jasiruddin Resident of Village - Bageshwari, P.S. Jokihat, District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Md. Abid S/o Late Hasibuddin Resident of Village - Kursail, P.S. Mahalgaon (Jokihat), District - Araria.

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.197C/2017 registered for offences punishable under Sections 406,420, 323, 504/34 of the Indian Penal Code. It appears that in this case the petitioner was granted privilege of anticipatory bail, vide order dated 18.1.2017 passed in Cr. Misc.No.54099 of 2016.

As per the petitioner, in the meantime, final form was accepted and on the protest petition, cognizance has been taken and the processes was issued on 5.4.2018, as such in the wrong impression, the petitioner could not surrender in pursuance of order dated 18.1.2017 passed in Cr. Misc. No.54099 of 2016.

Patna High Court Cr.Misc. No.49465 of 2018 (2) dt.29-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below considering the fact that earlier the prayer for anticipatory bail of the petitioner was allowed by the learned court below and he will dispose of the petition of the petitioner, if possible, on the same day,.

With the aforesaid observation, this application is disposed of.

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