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Patna High CourtCR. MISC./41028/2016disposed

Manoj Kumar Ram v. State Of Bihar And ANR

2016-11-15Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 41028 of 2016 Arising Out of PS.Case No. -218 Year- 2014 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ====================================================== Manoj Kumar Ram, Son of Bijali Ram, Resident of Village- Rupa Pokhar, P.S.- Rajpur, District- Buxar.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Lalsa Devi, Wife of Manoj Kumar Ram, Daughter of Bishun Ram, Residence of Village- Sarenza, P.S.- Rajpur, District- Buxar. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

15-11-2016 Learned counsel for the petitioner, in presence of learned Addl. Public Prosecutor, makes a prayer for allowing him to convert this petition to an appeal under Section 449 of the Cr.P.C.

The present petition was filed under Section 438 of the Cr.P.C. for grant of anticipatory bail in a case, where petitioner was earlier granted provisional bail to facilitate reconciliation process, however; since it failed, the provisional bail in respect of petitioner was cancelled, whereas, in respect of other accused persons, it was confirmed.

The Court is of the opinion that instead of allowing the petitioner to convert the present petition, the petitioner can

Patna High Court Cr.Misc. No.41028 of 2016 (3) dt.15-11-2016 2/2 well be advised to file appropriate petition. The petition stands disposed of.

(Rakesh Kumar, J.) Anay U T