Mahakal Rekha v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.16053 of 2017 (2) dt.08-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16053 of 2017 Arising Out of PS.Case No. -384 Year- 2001 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Mahakal Rekha .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint Case No. 384 of 2001 instituted for the offence under Sections-420, 417, 467, 468, 465, 504/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that other accused persons have been granted privilege of anticipatory bail by a coordinate bench of this court.

Learned APP opposes the prayer submitting that the petitioner is absconding since 2001.

From the order of learned Sessions Judge, it appears that prayer for anticipatory bail of the petitioner was earlier rejected on 25-08-2010. The case is of the year, 2001 and the petitioner is not appearing in the court on account of which, the trial of the case is hampering.

Patna High Court Cr.Misc. No.16053 of 2017 (2) dt.08-05-2017 In such circumstances, this court does not think it a fit case for grant of anticipatory bail. Accordingly, prayer for anticipatory bail of the petitioner stands rejected. However, the petitioner is directed to surrender in the court below and seek regular bail which will be considered and disposed of in accordance with law on the same day on its own merit without being prejudiced by this order. (Sanjay Priya, J) A.K.V./- U T