Arun Malakar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4047 of 2015 Arising Out of PS.Case No. -1255 Year- 2012 Thana -COMPLAINT CASE District- JAMUI ======================================================

1. Arun Malakar son of Rajendra Malakar, resident of village Barhara , P.S. - Halsi, District- Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Umesh Malakar son of Late Dahan Mali resident of Mirzaganj, P.S. - Sikandra , District- Jamui.

3. Saroj Kumari wife of Arun Malakar and daughter of Umesh Malakar, resident of Mirzaganj, P.S. - Sikandra , District- Jamui. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-08-2016 Heard learned counsels for the petitioner and the State.

The petitioner being husband of the daughter of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.

The petitioner was granted provisional anticipatory bail vide order dated 30.1.2015 passed by a coordinate bench of this Court with the condition to deposit

Patna High Court Cr.Misc. No.4047 of 2015 (8) dt.08-08-2016 2/3 Rs.750/- per month in the learned court below with a liberty to the daughter of the complainant to withdraw the same. Subsequently, the petitioner's bail bond was cancelled due to non-deposit of the said amount and I.A. No. 364 of 2016 was filed for grant of provisional bail cancelled by the SDJM, Jamui due to non-compliance of the order dated 30.1.2015. The co-ordinate bench of this Court (Hon'ble Justice Mrs. Anjana Prakash, J., since retired) vide order dated 9.3.2016 not only dismissed the application but also dismissed the I.A. No. 364 of 2016 but it appears that the office negligently placed the application for Admission before this Court on 29.7.2016 when prayer for adjournment for one week was made and accordingly, the matter was adjourned. Today also, similar prayer was made when this court noticed that the application was already dismissed and the office has negligently posted this matter before this court for Admission.

An explanation was called for in this regard which has been submitted stating that due to misunderstanding, the matter was placed for Admission which shows the casual manner in which the office is functioning.

Let the learned Registrar General look into the matter.

Patna High Court Cr.Misc. No.4047 of 2015 (8) dt.08-08-2016 3/3 Since the application has already been dismissed, no order needs be passed.

(Dinesh Kumar Singh, J) siddharth/- U