Adarsh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.415 of 2015 Arising Out of PS.Case No. -55 Year- 2004 Thana -CIVIL LINE District- GAYA ======================================================

1. Adarsh Kumar Gupta Son of Late Sri Guru Narayan Prasad Gupta Resident of Village+P.S-Konch,District-Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Samir Kumar For the Opposite Party : Mr. Suresh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2015 This is the 3rd anticipatory bail application preferred by the petitioner in a case registered under Sections 366, 368, 383, 384, 386, 120B of the I.P.C on the ground that first anticipatory bail application was withdrawn since the victim admitted this fact before the Executive Magistrate that she of her own eloped with the petitioner.

From perusal of the records, it appears that the case was instituted in the year 2004. The petitioner preferred first anticipatory bail application vide Cr. Misc. No. 18319 of 2004 which was dismissed as withdrawn. The petitioner preferred second anticipatory bail application vide Cr. Misc. No. 43904 of 2012 which was also disposed off vide order dated 04.01.2013 as this Court failed to interfere since first anticipatory bail application was dismissed as withdrawn. The 3rd anticipatory bail application has been preferred on the

Patna High Court Cr.Misc. No.415 of 2015 (2) dt.18-03-2015 2/2 ground that petitioner is Senior Accountant in the Accountant General Office and the matter is still under investigation. On merits, this Court is not inclined to entertain the 3rd anticipatory bail application of the petitioner. Let learned Court below consider the prayer for regular bail of the petitioner, keeping in view of the fact that victim in her statement had admitted that she of her own eloped with the petitioner and the investigation is still pending and preferably dispose off on the same day, if the petitioner surrenders within a period of six weeks and pray for regular bail in connection with Civil Lines P.S. Case No. 55 of 2004, pending in the Court of learned Chief Judicial Magistrate, Gaya.

Accordingly the application is disposed off.

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