Raman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31798 of 2014 ====================================================== Raman Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. U.L.Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2015 The present application has been filed for modification of the order dated 20.12.2013 passed in Cr. Misc. No. 28048 of 2013 for relaxation of the condition with regard to day to day appearance of the petitioner at least for two years or till disposal of the case whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the privilege granted shall be deemed to be cancelled. The said condition was modified vide order dated 19.02.2014 passed in Cr. Misc. No. 8524 of 2014 whereby in place of 'two consecutive dates' it was modified as for 'four consecutives dates'. Now the petitioner wants the same condition further to be modified on the ground that the petitioner works at Delhi and he is humiliated at the hands of the informant when ever he appears before the learned court below.

The offence alleged against the petitioner is under Section 323, 504, 406 and 420/34 of the IPC. So far question of

Patna High Court Cr.Misc. No.31798 of 2014 (6) dt.03-08-2015 2/2 appearance of the petitioner is concerned, the trial court is at liberty to consider the genuineness and otherwise of the reason for default of the petitioner and pass appropriate order. If appearance of the petitioner is not required, the learned trial court will decide the issue.

Accordingly, the modification application is disposed of.

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