Arun Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.248 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Arun Kumar, Son of Late Ram Lakhan Sharma, R/0 5/6, North S.K. Puri, Behind Rajesh Petrol Station, P.S.- Shri Krishnapuri, Patna-800013 .... .... Petitioner
Versus
1. The State of Bihar
2. Nirmala Kumari, D/o Tarni Prasad, R/o Raja Bazar, Kailash Path, Khajpura, P.S.- Shashtrinagar, Patna-800014 .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. S.S. Thakur, Advocate Mr. Arvind Kumar, Advocate For the Respondent/s : Mr. Ashraf Ansari, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 22-01-2015 Gardanibagh (Shashtrinagar) P.S. Case No. 126 of 1991 was registered on the basis of written report submitted by one Surendra Pratap Singh for the offences punishable under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code and on conclusion of investigation charge sheet has already been submitted.
It has been contended that respondent no. 2 Nirmala Kumari had been sent up for trial in the said case. She was released on bail by a Bench of this Court on 16th June, 1993. After grant of anticipatory bail, respondent no. 2 has not surrendered in the Court
Patna High Court Cr. WJC No.248 of 2014 dt.22-01-2015 2 / 2 below in order to furnish bail bonds.
It has further been contended that due to nonappearance of the respondent no. 2, the trial of the case is being delayed. It is an admitted position that the petitioner is not the informant of the case. The charge sheet of the case has not been brought on record. He is a stranger to the case. Under such circumstance, I am not inclined to entertain an application under Articles 226 and 227 of the Constitution of India at the behest of the petitioner for issuance of a mandamus to the respondent-State to apprehend respondent no. 2 and produce her in the aforesaid case.
For the reasons discussed hereinabove, I find no merit in the present application. Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J.) Sanjeet/- U T