Umesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54804 of 2016 Arising Out of PS.Case No. -139 Year- 2016 Thana -BASOPATTI District- MADHUBANI ====================================================== Umesh Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2017 The petitioner is apprehending his arrest in connection with Basopatti P.S. Case No. 139 of 2016, registered for offences punishable under Sections 376/511 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is delay of six months in lodging the F.I.R. in this case and also earlier to the present case, the petitioner has lodged a sanha against the informant and her husband, for which he has been made accused in the present case. It has further been submitted that earlier also, she had made a complaint against the petitioner but later on, she had withdrawn the same.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, the nature of offence and also the fact that there is direct allegation against this petitioner, I am not

Patna High Court Cr.Misc. No.54804 of 2016 (2) dt.31-01-2017 2/2 inclined to grant the petitioner the privilege of anticipatory bail, it is accordingly rejected.

However, if the petitioner surrenders before the Court below and pray for regular bail, his application shall be considered by the court below on its own merit, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T