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Patna High CourtCR. MISC./11980/2017rejected

Rameshwar Ram v. The State Of Bihar

2017-06-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11980 of 2017 Arising Out of PS.Case No. -119 Year- 2016 Thana -ARA (R.T) District- PATNA ====================================================== Rameshwar Ram, S/o Late Ramdat Ram, Resident of Mohalla- Jawartola, Ara, P.S.- Nawada, Ara, District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajendra Nath Sinha, Advocate.

For the Opposite Party : Ms. Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2017 Heard both sides.

The petitioner apprehends his arrest in Ara Rail P.S. Case No. 119 of 2016 registered for the offence punishable under Section 409 of the Indian Penal Code.

Suryadayal Singh, the S.H.O. Rail Police Ara alleged that the Superintendent of Police, Rail has directed vide letter no. 8488780 to lodge case against the petitioner who did not handover the charge of Malkhana even after transfer from the Railway police station, Ara on 22.06.2011.

Learned counsel for the petitioner submits that nobody was present and therefore the petitioner without handing over the charge of Malkhana went to another police station and joined there but the petitioner has not brought on record his transfer order.

Patna High Court Cr.Misc. No.11980 of 2017 (4) dt.22-06-2017 2/2 It appears that the petitioner was transferred on 22.06.2011 and without handing over the charge to his successor left the police station and joined his new assignment. The petitioner did not hand over the charge for more than five years in spite of several directions.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T