Patna High CourtCR. MISC./52371/2015disposed

Pravin Kumar @ Pathak Jee v. The State Of Bihar

2015-11-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52371 of 2015 Arising Out of PS.Case No. -176 Year- 2014 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Pravin Kumar @ Pathak Jee, son of Ram Naresh Chaudhary, resident of Village-Bidupur, P.S.-Bidupur, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kunal Tiwary For the Opposite Party/s : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-11-2015 The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506, 379/34 of the Indian Penal Code.

Petitioner's earlier anticipatory bail application was disposed of vide order dated 30.07.2015 passed in Cr. Misc. No. 17258 of 2015 by a Co-ordinate Bench of this Court(now retired) with a direction to the learned Court below to consider the prayer for regular bail of the petitioner, considering the nature of accusation and the defence to be advanced by the counsel for the petitioner.

It is submitted by learned counsel for the petitioner that Matrimonial Suit No. 143 of 2012 with a prayer for divorce was filed at earlier point of time and thereafter as a retaliatory measure the present case has been lodged. There is counter version of the occurrence also.

Patna High Court Cr.Misc. No.52371 of 2015 (2) dt.09-11-2015 2/2 Since the earlier anticipatory bail application was disposed of by a Co-ordinate Bench of this Court, this Court is not inclined to entertain the present application. However, keeping in view of the fact that matrimonial suit for divorce was filed at earlier point of time and there is counter version of the occurrence, it is a case for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Bidupur P.S. Case No. 176 of 2014, pending in the Court of learned Chief Judicial Magistrate, Hajipur.

Accordingly the application stands disposed of.

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