Raman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32216 of 2014 ====================================================== Raman Kumar, Son of Ram Ekbal Singh .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mahesh Prasad Sah, Son of Late Tarni Sah .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Damodar Pd. Tiwary (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 28-01-2015 None turned up on behalf of opposite party no. 2 in spite of appearance by filing power in response of notice issued. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application seeking relaxation in condition relating to regular appearance as imposed vide order dated 4th April, 2014 passed in Cr. Misc. No. 2547 of 2014 in connection with Complaint Case No. 2340 of 2011 pending before Chief Judicial Magistrate, Bhagalpur.

It is submitted that at the time of appearance petitioner was being manhandled at the instance of opposite party and his associates, consequently, he sought for police protection though the court below ordered keeping the petition on the record, but provided protection on that day and anyhow his life could be saved.

Since in spite of appearance there is none to counter the submissions made above, hence it is taken as un-rebutted. Having regard to the facts and circumstances, the additional

Patna High Court Cr.Misc. No.32216 of 2014 (6) dt.28-01-2015 2/2 condition imposed vide order dated 4th April, 2014 is to be treated withdrawn to be substituted by any reasonable condition passed/imposed by the court below taking into consideration the facts and circumstances prevails there.

With the above modification, the application stands disposed of.

(Akhilesh Chandra, J) Praveen-II/- U T