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Patna High CourtCR. MISC./66509/2019dismissed

Dilip Yadav @ Dilip Kumar Yadav v. The State Of Bihar

2019-11-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66509 of 2019 Arising Out of PS. Case No.-239 Year-2015 Thana- DHAMDAHA District- Purnia ====================================================== DILIP YADAV @ DILIP KUMAR YADAV Son of Yogendra Yadav Resident of Village - Bishanpur (Akhari Tola), P.S.- Dhamdaha, District - Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 376, 511, 201, 34 of the Indian Penal Code and Section 8 of POCSO Act registered in connection with Special POCSO Case No. 47/2015, arising out of Dhamdaha P.S. Case No. 239/2015.

3. At the very outset, learned APP submits that the FIR has been filed as far back as in the year 2015, but the petitioner has approached this Court in the year 2019 and there does not appear to be any immediate apprehension of arrest of the petitioner.

4. Considering that the petitioner has not shown any immediate apprehension of arrest and the anticipatory bail petition has been filed four years after lodging of the FIR, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before

Patna High Court CR. MISC. No.66509 of 2019(2) dt.06-11-2019 2/2 the learned Court below the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

(Vikash Jain, J) Chandran U T