Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4766 of 2020 Arising Out of PS. Case No.-322 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== GUNJAN KUMAR S/o Raju Tanti Resident of Village and P.O.- Patharghatta, P.S.- Antichak, Distt- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Davendra Kumar Pandey For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-10-2020 Heard learned counsel for the petitioner and learned counsel for the State.

It appears from the order dated 19.06.2020 that this Court has granted indulgence to assist the Court but no one appeared on behalf of the petitioner on that day in a case involving an offence under Section 376 of the Indian Penal Code.

Today, learned counsel for the petitioner submits that present dispute is precisely of civil nature as held by the Orissa High Court and the Apex Court.

Considering the submission advanced by this petitioner and the allegation levelled against the present application in the FIR, the Court is not inclined to grant anticipatory bail to the petitioner. Prayer for bail is rejected.

Patna High Court CR. MISC. No.4766 of 2020(5) dt.13-10-2020 2/2 However, petitioner is granted liberty to file application for regular bail before the court below which shall be concerned on its own merit on the same day without being prejudiced by this order and raise the specific point on legal and factual aspect.

(Anil Kumar Upadhyay, J) B.Kr./- U