Patna High CourtCR. MISC./33020/2015dismissed

Sanjay Manjhi v. The State Of Bihar

2016-02-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33020 of 2015 Arising Out of PS.Case No. -270 Year- 2013 Thana -BODHGAYA District- GAYA ====================================================== Sanjay Manjhi, Son of Tulsi Manjhi, Resident of Village -Larpur, P.S. - Bodh Gaya, District -Gaya. ... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Kumar Singh, Advocate For the Opposite Party/s : Mr. Ambika Bhagat, Spl. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Trial No. 2115 of 2015 arising out of Bodh Gaya (Chirki) P.S. Case No. 270 of 2013, disclosing offences under Sections 370/34 of the Indian Penal Code, Sections 23 and 26 of Juvenile Justice Act, 2000 and Section 3 (1) (vi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989. This application for grant of anticipatory bail was filed on 14.07.2015. Several orders have thereafter been passed by this Court on various dates, which are as follows:- "24.08.2015- Put up this case after one week, as prayed for.

09.11.2015- Put up this case after Chhata Puja holidays, as prayed for.

27.11.2015- List this case after one week, as prayed for on behalf of the petitioner.

14.12.2015- Call for the case diary of Bodh Gaya (Chirki) P.S. Case No. 270/13 corresponding to G.R. No. 5432 of 2013 from the

Patna High Court Cr.Misc. No.33020 of 2015 (8) dt.10-02-2016 2/2 court of 1st A.D.J. Special, Gaya, vide S.C./S.T. Trial No. 29/15 and put up after its receipt. 08.01.2016- As prayed for by learned counsel for the petitioner, put up this case after one week.

25.01.2016- As prayed for by learned counsel for the petitioner, put up this case after two weeks."

Today also a prayer has been made for further adjournment for two weeks, on the ground of bereavement in the larger family of the learned counsel for the petitioner, Mr. Ram Pukar Singh.

It is evident that though the petitioner had no interim protection from his arrest in the meanwhile, adjournments were sought and granted by this Court from time to time. It seems that petitioner has no apprehension of his arrest. Accordingly, this application for anticipatory bail is, hereby, rejected.

The petitioner is directed to surrender before the court below within six weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail. (Chakradhari Sharan Singh, J) Vats/- U T