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Patna High CourtCR. MISC./54827/2015disposed

Ram Karan Sah v. The State Of Bihar

2015-12-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54827 of 2015 Arising Out of PS.Case No. -126 Year- 1994 Thana -KARJA District- MUZAFFARPUR ======================================================

1. Ram Karan Sah son of Late Satyanarayan Sah resident of Mohalla - Jhitkahiyan, P.O. - M.I.T., P.S. - Brahampura, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Md.Nazir Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 364 and 366 of the Indian Penal Code.

Accusation is of kidnapping the daughter of the informant.

It is submitted by the learned counsel for the petitioner that the petitioner was granted anticipatory bail by learned Sessions Judge, Muzaffarpur vide A.B.P. No. 361 of 1994. The petitioner could not surrender as he was not aware about the bail order. Though the order of cognizance was passed in 2009, but still the matter has not been committed by the Court of Sessions.

Considering the fact that the petitioner was

Patna High Court Cr.Misc. No.54827 of 2015 (2) dt.04-12-2015 granted anticipatory bail in 1994, the present anticipatory bail application is not maintainable.

However, liberty is granted to the petitioner to surrender and pray for regular bail.

The learned court below is expected to consider the regular bail application of the petitioner, keeping in view that the petitioner was granted anticipatory bail on merits. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T