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Patna High CourtCR. MISC./49644/2016rejected

Tripurari Keshri v. The State Of Bihar

2016-12-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49644 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -MAHILA P.S. District- NAWADA ======================================================

1. Tripurari Keshri, Son of Awadh Prasad Keshri, Resident of at Present House of Rajendra Sao, Prasad Bigha, P.S- Nawada, District- Nawada and Permanent resident of P.S Sikandara, District- Jamui, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner as well as the State.

The allegation against the petitioner is leveled under Sections 376 and other Sections of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is Dewar of the victim girl and the case has been lodged after two years of filing of the complaint petition. It has also been submitted that now the victim girl does not want to pursue the case any further.

Heard learned APP appearing for the State.

Having considered the facts and circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant

Patna High Court Cr.Misc. No.49644 of 2016 (2) dt.14-12-2016 of anticipatory bail stands rejected.

However, if the petitioner surrenders before the Court below and seek regular bail, the same shall be considered and disposed of on its own merit without being prejudiced by the present order on the same day taking into consideration the delay in lodging the F.I.R. and the fact that the victim girl does not want to pursue the case any further.

(Vinod Kumar Sinha, J) A.I./- U