ORDER

Heard Ms. Soni Shrivastava, Ld. Advocate for the petitioner and Shri Anil Singh, Ld. Advocate for the informant as well as Shri Bharat Bhushan, the learned counsel for the State.

2. The petitioner seeks anticipatory bail in connection with Bihar Thana P.S. Case No. 451 of 2016 registered for the offence punishable under Sections 420, 465, 466, 467, 468, 471 and 409 of the Indian Penal Code.

3. At the outset, the learned counsel for the informant submits that since the learned court below has issued summons under Section 82 of the Code of Criminal Procedure by an order dated 04.01.2018, the present anticipatory bail petition is not maintainable. In this regard, the learned counsel for the informant heavily relies upon a judgment reported in (2014) 2 SCC 171 (State of Madhya Pradesh vs. Pradeep Sharma). It would be relevant to quote paragraphs no. 16 and 17 of the said Judgment herein below: –

“(16) Recently, in Lavesh vs. State (NCT of Delhi), (2012) 8 SCC 730, this Court, (of which both of us were parties) considered the scope of granting relief under Section 438 vis-à-vis to a person who was declared as an absconder or proclaimed offender in terms of Section 82 of the Code.