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Patna High CourtCR. MISC./8505/2017disposed

Niranjan Singh v. The State Of Bihar

2017-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8505 of 2017 Arising Out of PS.Case No. -127 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Niranjan Singh, Son of Kapil Deo Singh, Resident of Village- Gahai, Police Station- Dhaka, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 341, 323, 506, 363 and 366/34 of the Indian Penal Code.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that though informant claims himself to be eye witness to the occurrence but he has not named the petitioner. There is also inordinate delay of 16 days in lodging the F.I.R. The victim lady in her statement recorded under Section 164 Cr. P. C. has mentioned the name of the petitioner.

Heard learned A.P.P. also.

Considering the statement recorded under Sections 164 Cr. P.C., I am not inclined to grant anticipatory bail to the

Patna High Court Cr.Misc. No.8505 of 2017 (2) dt.28-02-2017 2/2 petitioner, the same is rejected.

However, petitioner is directed to surrender in the court below, i.e., learned Sub-Divisional Judicial Magistrate, Sikrahna at Dhaka, East Champaran, Motihari, in connection with Dhaka P.S Case no. 127 of 2016 and make prayer for regular bail which will be considered taking into account the fact that there is inordinate delay in lodging the F.I.R. and also the submission made above and dispose of the same preferably on the same day without being prejudiced by the order of this Court. Accordingly, this application stands disposed of. (Vinod Kumar Sinha, J) sudip/- U T