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Patna High CourtCR. MISC./50677/2018dismissed

Niraj Kumar @ Niraj Kumar Mandal v. The State Of Bihar

2018-08-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50677 of 2018 Arising Out of PS.Case No. -34 Year- 2013 Thana -MAHILA P.S. District- PATNA ======================================================

1. Niraj Kumar @ Niraj Kumar Mandal Son of late Satish Mandal Resident of Village- Meharmanatand, Police Station- Titiya, Bambar, DistrictMunger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Smt Sangeeta Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Mahila (Sachivalaya) P.S.Case No. 34 of 2013, registered for offences punishable under Section 376 and 379/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is of committing rape on the informant.

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and the name of the petitioner disclosed by the co-accused persons and except that, there is nothing against the petitioner and the petitioner has clean antecedent

Patna High Court Cr.Misc. No.50677 of 2018 (2) dt.31-08-2018 2/2 Learned A.P.P. opposes the prayer for bail.

In view of the facts and circumstances discussed above, let the petitioner, above named, I am not inclined to grant bail to the petitioner and accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on the basis of material available on record.

With the aforesaid observation, this application is dismissed.

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