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Patna High CourtCR. MISC./20357/2017dismissed

Ram Briksha Pandit And ANR v. State Of Bihar And ANR

2019-03-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20357 of 2017 Arising Out of PS. Case No.-3731 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Ram Briksha Pandit Son of Kishun Pandit.

2.

Usha Devi, W/o Ram Briksh Pandit, Both are resident of Village Madhara, P.S. Noorsarai, District- Nalanda.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Rabina Kumari, W/o Chitrasen Pandit @ Vinoy S/o Dharma Nath Pandit, resident of Village Madhara, P.S. Noorsarai, District- Nalanda, At present village- Kurkuri, P.S. Phulwarisharif, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prem Ranjan Kumar For the Opposite Party/s :

Mr.Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-03-2019 The provisional bail granted to the petitioners vide order dated 21.2.2018 and further extended vide order dated 29.8.2018 is expired in February, 2019.

Learned counsel appearing on behalf of the opposite parties submits that petitioners are simply buying time and there is no honest effort on their behalf to restore normalcy. Under the aforesaid circumstances, the Court is not inclined to grant anticipatory bail to the petitioners or extension of period of provisional bail as such prayer for anticipatory bail is hereby rejected.

However, rejection of the prayer for anticipatory bail

Patna High Court CR. MISC. No.20357 of 2017(8) dt.26-03-2019 2/2 will not cause prejudice to the petitioners, if the petitioners surrender before the court below and prays for grant of regular bail, the court below is directed to decide the prayer of the petitioners for grant of regular bail without being influenced by the rejection of the prayer for anticipatory bail and dispose of the same on the same day.

(Anil Kumar Upadhyay, J) Ravi/- U T