Patna High CourtCR. MISC./59665/2017disposed

Awadhesh Rai v. The State Of Bihar

2018-01-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59665 of 2017 Arising Out of PS.Case No. -160 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Awadhesh Rai S/o Mukhlal Rai resident of village - Mushahari Radhanagar, P.S. Mushahari, District Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Adv. For the Opposite Party/s : Mr. Sri Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Mushahari P.S. Case No. 160 of 2015 (G.R. No. 5049 of 2015) instituted for the offence under Sections 376/511 of the Indian Penal Code. There is general allegation against the petitioner that he attempted to commit illegal act with the informant. It has been mentioned in para-7 of the bail petition that both parties were on inimical terms. The Sessions Judge, Muzaffarpur has rejected the prayer for anticipatory bail of the petitioner on the ground that anticipatory bail is not maintainable because petitioner was given benefit of Section 41(1)(a) of the Cr.P.C.

This Court is of the view that the benefit given by the police under Section 41(1)(a) of the Cr.P.C. does not amount to grant of bail by the police. Therefore, such view of the Sessions Judge, Muzaffarpur

Patna High Court Cr.Misc. No.59665 of 2017 (3) dt.23-01-2018 2/2 was not correct.

Since the petitioner has already been granted benefit of Section 41(1)(a) of the Cr.P.C. and charge-sheet has already been submitted, the petitioner is directed to surrender before the court below and make prayer for regular bail which shall be disposed of by court below on the same day, keeping in view that there is general and omnibus allegation against the petitioner and he was given benefit of provision of Section 41(1)(a) of the Cr.P.C. and he has never misused the aforesaid privilege.

This application is accordingly disposed of.

(Sanjay Priya, J) sushma/- U T