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Patna High CourtCR. MISC./41759/2017rejected

Dharmendra Poddar v. The State Of Bihar

2017-09-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41759 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -NIYAMCHANDPUR District- BEGUSARAI ====================================================== Dharmendra Poddar S/o Late Biranchi Poddar resident of village - Neema, P.S. - Neema Chandpura, Distt. Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Indrajit Kumar, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Neema Chandpura P. S. Case No. 6 of 2017 registered under Sections 341, 323, 376, 511, 504 and 506 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that though the FIR was instituted inter alia under Sections 376 and 511 of the Indian Penal Code, on completion of investigation, the police submitted charge-sheet for the offence punishable under Section 354 of the Indian Penal Code. Regard being had to the nature of allegation, I am

Patna High Court Cr.Misc. No.41759 of 2017 (2) dt.20-09-2017 2/2 not inclined to grant pre-arrest bail to the petitioner. Accordingly, the application for grant of pre-arrest bail is rejected. However, in case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J.) Kanchan/- U T