Patna High CourtCR. MISC./40410/2014disposed

Umesh Kumar Gupta @ Umesh Sah v. The State Of Bihar

2015-01-14Mr. Justice Dharnidhar Jha2 pages

Patna High Court Cr.Misc. No.40410 of 2014 (2) dt.14-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40410 of 2014 Arising Out of PS.Case No. -184 Year- 2013 Thana -SONEPUR District- SARAN ====================================================== Umesh Kumar Gupta @ Umesh Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Madhuranand Jha(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 14-01-2015 Heard.

During hearing of the present petition, it was brought into the notice of the Court that the lady was residing in the house of the petitioner though the petitioner was remanded to custody prior to her arrival there. It further appears from the rejection order passed by the learned Adhoc Additional Sessions Judge-V, Saran at Chapra in B.P.No.1150 of 2014 that he proceeded the hear the parties without seeking production of any material fact in the form of the case diary and dismissed the prayer in a very laconic manner.

I direct the above noted Court, i.e., Adhoc Additional Sessions Judge-V, Saran at Chapra to rehear the petition by restoring it to its original number and file as and when a petition along with the copy of the present petition is filed before him by

Patna High Court Cr.Misc. No.40410 of 2014 (2) dt.14-01-2015 the petitioner. The learned Additional Sessions Judge shall facilitate appearance of in respect of Sonepur P.S.Case No.184 of 2013 before him and verify from her as to whether she was residing in the house of the petitioner and if he finds that she was indeed residing in the house of the petitioner, he will direct the release of the above named petitioner on bail on furnishing bail bond to his own satisfaction.

Petition is disposed of with the above direction. (Dharnidhar Jha, J) B.Kr./-Kanth.

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