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Patna High CourtCR. MISC./13465/2018disposed

Deepak Kumar And ANR v. The State Of Bihar

2018-04-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13465 of 2018 Arising Out of PS.Case No. -60 Year- 2016 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Deepak Kumar, S/o Bablu Mandal @ Bablu Kumar,

2. NMilesh Kumar @ Nilesh Mandal @ Harsha Raj, S/o Lalit Mandal @ Lalit Modi, Both are Resident of Mohalla- English Patam, P.O.- Patam, P.S.- Naya Ram Nagar, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shree Ganesh For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Naya Ram Nagar P.S.Case no.60 of 2016 registered for offences punishable under Sections 376, 302 & 201 of the Indian Penal Code.

Petitioners are not named in the FIR and later on their name transpired and there is allegation of commission of rape and also murder.

Submission of the learned counsel for the petitioner is that is that they were not named and they have no knowledge about lodging of the case and further submission is that in a separate trial against the other accused persons, informant and the other

Patna High Court Cr.Misc. No.13465 of 2018 (3) dt.06-04-2018 2/2 witnesses have deposed and they have not named this petitioner. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioners are directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is disposed of.

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