Patna High CourtCR. MISC./47992/2015rejected

Rakesh @ Ritesh Chaudhary v. The State Of Bihar

2016-01-29Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47992 of 2015 Arising Out of PS.Case No. -135 Year- 2014 Thana -RAJAULI District- NAWADA ====================================================== Rakesh @ Ritesh Chaudhary , son of Devendra Chaudhary, resident of Bihar Sharif Malhar, Police Station-Leheri, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-01-2016 Heard.

The petitioner apprehends his arrest in a criminal prosecution registered under Section 365/34 of the Indian Penal Code.

Taking into consideration the fact that the petitioner is named in the F.I.R, vide Annexure-1 as an accused, and is alleged to have participated in the crime of abduction of the husband of the informant, and further taking into consideration the fact that on recovery of the victim, his statement under Section 164 Cr.P.C was recorded by the learned Magistrate, which has been brought on the record as Annexure-2, wherein he has fully supported the factum of his abduction by the petitioner and other accused persons, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. Accordingly, his prayer for grant of anticipatory bail in connection with Rajauli P.S.Case No. 135 of 2014 pending in the Court of learned Chief Judicial Magistrate, Nawada, is rejected.

However, if the petitioner surrenders in the court below within a period of four weeks from today and, applies for regular

Patna High Court Cr.Misc. No.47992 of 2015 (3) dt.29-01-2016 2/2 bail, then the same shall be considered and decided on its own merit without, being prejudiced by the present order. (Birendra Prasad Verma, J) BTiwary/Brajesh-III U