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Patna High CourtCR. MISC./41927/2018dismissed

Rajeshwar Rai And ANR v. The State Of Bihar

2018-08-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41927 of 2018 Arising Out of PS.Case No. -528 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Rajeshwar Rai, S/o Late Ramdayal Rai,

2. Chandra Kishore Rai S/o Rajeshwar Rai, Both Residents of Vill.- Gokhula Tarkulwa, P.S.- Banjariya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Turkaulia (Banjaria) P.S.Case no.528 of 2017 registered for offences punishable under Sections 363, 365 and 34 of the Indian Penal Code.

Petitioner is not named in the FIR and later on his name transpired in the case is of kidnapping of the son of the informant. Submission of the learned counsel for the petitioner is that the petitioner was not named in the earlier statement but later on his name transpired in this case and the boy has not been traced out.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.41927 of 2018 (4) dt.09-08-2018 2/2 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 petitioner rather let the petitioner surrender before the learned court below within a period of four 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 the basis of materials available on the record. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T