Md. Nathunia Samshad @ Nathunia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36349 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -GALGALIA District- KISANGANJ ====================================================== Md. Nathunia Samshad @ Nathunia Son of Md. Akhtar, resident of VillageChhurali Hatt, P.S. Galgaliya, District- Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in Galgaliya P.S. Case No.02 of 2018 instituted for the offences under Sections 341, 354(A), 354(B) and 34 of the Indian Penal Code. In the First Information Report allegation has been made that three persons have misbehaved with the victim girl. She has made statement under Section 164 of Code of Criminal Procedure, in which she has taken the name of three persons but not named the present petitioner.

Looking to the nature of allegation, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of

Patna High Court Cr.Misc. No.36349 of 2018 (2) dt.28-06-2018 2 /2 three weeks, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court.

(Shivaji Pandey, J) Vinay/- U T