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Patna High CourtCR. MISC./20777/2020rejected

Ravi Kumar v. The State Of Bihar

2020-07-15Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20777 of 2020 Arising Out of PS. Case No.-843 Year-2019 Thana- MOTIHARI TOWN District- East Champaran ====================================================== RAVI KUMAR Son of Baidhnath Raut Resident of Rahunathpur, Police Station - Turkaulia (Raghunathpur O.P.), District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-07-2020 The Court proceeding has been conducted through virtual mode.

Since the physical court proceeding is nonfunctional due to the present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of the resumption of the physical Court proceedings.

In case of non-removal of the defects within undertaken period, the office shall place the matter before the bench.

Patna High Court CR. MISC. No.20777 of 2020(2) dt.15-07-2020 2/3 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 379, 506/34 of the Indian Penal Code, 1860.

The prosecution case as per the written report of Ms. Vinita Kumari submitted to the SHO, Motihari Town Police Station is to the effect that informant is a teacher in primary school, Lakhimpur. On 04.12.2019 at about 5:30 P.M. when the informant was returning from her school, the petitioner Ravi Kumar and co-accused Raja @ Raju outraged the modesty of the informant, made assault and snatched gold chain. It is also alleged that Motihari Town P.S. Case No. 100 and 886 of 2019 were also registered against the petitioner.

Learned counsel for the petitioner submits that thrust of accusation is against co-accused Raja @ Raju and petitioner has been roped in the present case since

Patna High Court CR. MISC. No.20777 of 2020(2) dt.15-07-2020 3/3 Raja @ Raju is in relation of the petitioner. Though the petitioner is accused in two other cases but he is on bail in those cases.

Learned counsel for the State submits that accusation is also specific against the petitioner. Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioner. Let learned Court below consider the regular bail of the petitioner, if the petitioner surrenders within a period of eight weeks and pray for bail in connection with Motihari Town P.S. Case No. 843 of 2019, pending in the Court of learned Chief Judicial Magistrate, East Champaran, Motihari.

Accordingly the present application stands disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T