Md Aftab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80917 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== 1.

Md Aftab S/O Md Nasim 2.

Md Saddam S/O Md Nasim Both Resident of mohalla, Gaighat Bakkho Tola, P.S- Alamganj ,District - Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sitara Khatun W/O Md Shehjad @ Md Sehjad Resident of mohalla- Bakkho Tola near Danka Imli Golumbar, P.S- Alamganj ,District - Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramhansh Kumar Puri, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-12-2024 Heard Mr.Pramhansh Kumar Puri, learned counsel for the petitioners and Mr.Gauri Shankar Gupta, learned APP for the State.

2. Learned counsel for the petitioners submits that during pendency of this anticipatory bail application the petitioner No.1, namely, Md. Aftab has been arrested, and as such, the present anticipatory bail application has become infructuous with respect to petitioner No.1, namely, Md. Aftab. Accordingly, the learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner No.1, namely, Md. Aftab in connection with Alamganj

Patna High Court CR. MISC. No.80917 of 2024(2) dt.03-12-2024 2/2 P.S.Case No.77 of 2024 pending in the court of learned A.D.J.- VII-cum-Special Judge, POCSO Court, Patna.

3. Permission is accorded.

4. Accordingly, this application stands dismissed as withdrawn with respect to petitioner No.1, namely, Md. Aftab.

5. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with liberty to petitioner No.2, namely, Md. Saddam to surrender before the learned court below within a period of twoweeks from today and seek regular bail.

6. Permission is accorded.

7. The application is dismissed as withdrawn with the liberty that petitioner No.2, namely, Md. Saddam surrenders and seeks regular bail before the learned court below, the same shall be considered on the same day on its own merit in accordance with law and without being prejudiced by any observation in the present order.

(Rajesh Kumar Verma, J) Nitesh/- U T