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Patna High CourtCR. MISC./69965/2019disposed

Rajeev Kumar v. The State Of Bihar

2019-11-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69965 of 2019 Arising Out of PS. Case No.-384 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== RAJEEV KUMAR S/o Devendra Prasad Singh Resident of MohallaJakkanpur, P.S.- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ayushi Kumari W/o Rajeev Kumar, D/o- Ravindra singh Resident of Village and P.O. and P.S.- Digha, District- Patna.

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2019 This application, for grant of anticipatory bail, arises out of Jakkanpur P.S. Case No. 384 of 2019, disclosing offences under Sections 341, 323, 498(A), 504, 506 and 34 of the Indian Penal Code.

Petitioner happens to be husband of the informant and allegation against him is of subjecting her to cruelty and assaulting her. It appears from the impugned order that petitioner has been given the benefit of Section 41(A) of Cr.P.C. and learned counsel for the petitioner has submitted that he has not disclosed any apprehension of arrest by the police. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.69965 of 2019(2) dt.14-11-2019 2/2 circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather as and when petitioner feels apprehension, he may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case and also on the fact that he has been granted the benefit of Section 41(A) Cr.P.C. and he has not misused the ame, without being prejudiced by this order. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T