Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23280 of 2019 Arising Out of PS. Case No.-7 Year-2008 Thana- MAKER District- Saran ====================================================== SANTOSH KUMAR SINGH, aged about 28 years, Male, Son of Laldoe Singh Resident of Village - baghakol, P.S.- maker, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Maker P.S. Case No. 07 of 2008 registered under Sections 498(A), 304(B), 201, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, pending in the court of learned Sub-Divisional Judicial Magistrate, Saran at Chapra.

Learned counsel for the petitioner submits that after registration of the case there had been some sort of settlement with the informant and for that reason the petitioner being a worker presently working in the State of Gujarat has taken steps for grant of anticipatory bail.

Learned A.P.P. for the State submits that this cse is of

Patna High Court CR. MISC. No.23280 of 2019(3) dt.23-07-2019 2/2 the year 2008 and by now Section 83 Cr.P.C. process has already been issued, therefore following the judgment of the Hon'ble Division Bench of this Court in the case of Lavesh Vs. NCT of Delhi reported in 2012(5) SCC 730, the anticipatory bail is not fit to be entertained.

Considering the facts and circumstances of the case where Section 83 Cr.P.C. process has already been issued, this court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is rejected.

(Rajeev Ranjan Prasad, J) Rajeev/- U T