Kailash Sah @ Narendra Prasad Sah @ Narendra Pd. Sah @ Kailash Narendra Pd. Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83000 of 2019 Arising Out of PS. Case No.-91 Year-2018 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== Kailash Sah @ Narendra Prasad Sah @ Narendra Pd. Sah @ Kailash Narendra Pd. Sah Son of Late Ganga Sah Resident of Village - Gourachaki, P.S.- Kajraili, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2020 Earlier prayer for anticipatory bail of the petitioner was rejected by this Court, vide order dated 15.04.2019 passed in Criminal Misc. No.80655 of 2018.

Submission of learned counsel for the petitioner is that now the girl has been recovered and she has not made any allegation against the petitioner and as such, he has filed the present application.

Heard learned APP also.

Having heard both sides, in view view of the above, however, the prayer for anticipatory bail of the petitioner has already been rejected earlier with direction to surrender and make prayer for regular bail, I am not inclined to interfere with the earlier order. However, if the petitioner surrender and pray

Patna High Court CR. MISC. No.83000 of 2019(2) dt.05-02-2020 2/2 for regular bail, the same shall be considered on the basis of the materials available on the record as well as statement of the victim girl under Section 164 of Cr.P.C., if recorded. With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T