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Patna High Court - Orders

Shivo Yadav @ Shiv Narayan Yadav vs The State Of Bihar on 21 October, 2020

Author: Ashutosh Kumar

Bench: Ashutosh Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26432 of 2020

                         Arising Out of PS. Case No.-228 Year-2018 Thana- PIPRA District- Supaul
                 ======================================================
           1.    Shivo Yadav @ Shiv Narayan Yadav, male, aged about 28 years, S/o Budhu
                 Yadav, Resident of Village-Jhakayar, Ward No.16, P.S-Pipra, District-
                 Supaul.
           2.    Dipoyadav @ Deepnarayanyadav, male, aged about 34 years, S/o Budhu
                 Yadav, Resident of Village-Jhakayar, Ward No.16, P.S-Pipra, District-
                 Supaul.
           3.    Pinki     Devi,   female,     aged    about   27    years, W/o       Dipoyadav      @
                 Deepnarayanyadav, Resident of Village-Jhakayar, Ward No.16, P.S-Pipra,
                 District-Supaul.


                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar


                                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Ranjay Kumar Singh, Av.
                 For the Opposite Party/s :        Mr. APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                                      ORAL ORDER


2   21-10-2020

Heard Mr. Ranjay Kumar Singh, learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of Patna High Court CR. MISC. No.26432 of 2020(2) dt.21-10-2020 2/3 their arrest in connection with Pipra P.S. Case No. 228 of 2018, dated 07.10.2018, instituted for the offences under Sections 341, 323, 354(B), 447, 427, 504 and 506/34 of the Indian Penal Code.

The prosecutrix is said to have been misbehaved with.

During the course of investigation, the petitioners were on police bail, but after submission of the charge-sheet, cognizance was taken and the petitioners apprehend their arrest.

Since police bail was once given to the petitioners, I am not inclined to grant anticipatory bail to them.

The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

The petitioners, on their surrender before the Court below, shall pray for bail and the Court below shall take into account that they were on police bail and had not misused the privilege of bail and shall pass order in accordance with law, without being Patna High Court CR. MISC. No.26432 of 2020(2) dt.21-10-2020 3/3 prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) Praveen-II/-

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