Patna High CourtCR. MISC./53725/2018disposed

Md. Shoeb @ Sohel Alam v. The State Of Bihar

2018-09-11Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53725 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- KURSAKANTA District- Araria ====================================================== Md. Shoeb @ Sohel Alam, S/o Md. Ilyas, R/o Village- Dadhapipar, Ward No.13, P.S.- Kursakanta (Kuwari), District- Araria. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwajeet Singh, Adv.

Mr. Kundan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-09-2018 Heard Sri Vishwajeet Singh, learned counsel, assisted by Sri Kundan Kumar Singh, learned counsel for the petitioner. It was informed that learned Addl. Public Prosecutor, due to ailment, has not come to the Court.

The petitioner, husband of the informant, apprehending his arrest in Kursakanta (Kuwari) P.S. Case No. 73 of 2018 registered for offence under Sections 341, 323, 498 (A), 354 (A) (B) (D), 379, 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, has prayed for grant of bail, in the event of his arrest or surrender. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. However, after going through the material on record

Patna High Court Cr.Misc. No.53725 of 2018(3) dt.11-09-2018 2/2 as well as considering the fact that the petitioner is the husband of the informant, I am not inclined to extend the privilge of the anticipatory bail. Instead of dismissing the anticipatory bail petition, it is desirable to dispose of the present petition with observation that if the petitioner appears before the court below within a period of six weeks from today and requests for grant of regular bail, learned court below, without being prejudiced with this order, may examine the same and pass appropriate order in accordance with law preferably on the same day. The petition stands disposed of.

(Rakesh Kumar, J.) nawalkrs/- U T