Bhai Lal Saket vs State of M.P.

U.C. Maheshwari, J.—Heard.

On behalf of the applicant, this petition is preferred u/s 438 of Cr.P.C. for grant of anticipatory bail to him, as he is under apprehension of his arrest in connection with Crime No. 179/2009 registered at Police Station Mauganj District Rewa for the offence punishable under Sections 376 and 342 of I.P.C.

In the course of arguments, in view of the case diary statement of the prosecutrix recorded u/s 161 of Cr.P.C., so also averments of the FIR on making some query, on which instead to make any submission further, applicant''s counsel seeks permission to withdraw this petition as not pressed, with liberty to the applicant to surrender himself before the investigating officer within 15 days with a further prayer for appropriate direction to the concerning Sessions Court that on surrendering the applicant before the investigating officer, if any application u/s 439 of Cr.P.C. is filed on his behalf then the same be considered and decided by the concerning Sessions Court within short period from the date of filing the same.

Considering the aforesaid earlier prayer, without expressing any opinion on merits of the matter, this petition is hereby dismissed as withdrawn and not pressed with liberty to the applicant to surrender himself within 15 days from today as prayed. It is further directed that on surrendering the applicant within aforesaid period before the investigating officer, if any application is filed on his behalf before the concerning Sessions Court for grant of bail then the same be considered and decided on merits in accordance with the procedure prescribed under the law within two days keeping in view the averments of the interrogatory statement of the prosecutrix, according to which prima facie the alleged offence appears to be read with Section 511 of the I.P.C. and not exclusively of Section 376 of the I.P.C.

C.C. as per rules.