Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48997 of 2015 Arising Out of PS.Case No. -366 Year- 2012 Thana -MANER District- PATNA ======================================================

1. Pramod Kumar Son of Sri Chunni Lal Rai Resident of Village Digha Ghat Chauhatta p.s Digha dist Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr. Adv. Mr. Manoranjan Kumar For the State : Mr. Anil Prasad Singh (App) For the informant : Mr. Manoj Kumar Singh Mr. Chandan Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11 11-08-2016 Heard learned Senior Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Maner Police Station Case No. 366 of 2012, disclosing offences under Sections 363, 365, 366A read with Section 34 of the Indian Penal Code.

Mr. Akhileshwar Prasad Singh, learned Senior Counsel, appearing on behalf of the petitioner, has submitted that the petitioner has not been named in the First Information Report and his name has surfaced in course of investigation with sole accusation that the victim had a talk on a cell phone, which is in the name of the wife

Patna High Court Cr.Misc. No.48997 of 2015 (11) dt.11-08-2016 2/2 of the petitioner.

Learned Senior Counsel has further submitted that the petitioner's wife has been granted anticipatory bail by the Sessions Judge.

However, considering the fact that the victim is still traceless and there is some incriminating nature of material collected in course of investigation with respect to the petitioner's involvement, I am not inclined to grant the petitioner privilege of anticipatory bail, also for the reason that his custodial interrogation by the police may be required.

This application for anticipatory bail, is hereby, rejected.

The petitioner, Pramod Kumar, is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √