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Patna High CourtCR. MISC./13813/2015rejected

Balmiki Mahto v. The State Of Bihar

2016-02-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13813 of 2015 Arising Out of PS.Case No. -163 Year- 2013 Thana -BHELDI District- SARAN ====================================================== Balmiki Mahto, Son of Lakshman Mahto, resident of village - Madarpur, P.S. Bheldi, District - Saran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Bheldi P.S. Case No. 163 of 2013, disclosing offence under Sections 498A, 304B, 201 and 120B of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Having gone through the order-sheet, I find that this application was dismissed for default by an order dated 09.07.2015. Steps were taken for restoration of the anticipatory bail application in January, 2016. I do not approve of the conduct of the petitioner while seeking anticipatory bail. Accordingly, this application for anticipatory bail is, hereby, rejected.

Patna High Court Cr.Misc. No.13813 of 2015 (5) dt.09-02-2016 2/2 The petitioner is directed to surrender before the court below within two weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail. Moreso, for the reason that having gone into the merits of allegation against the petitioner, this application stands rejected accordingly.

(Chakradhari Sharan Singh, J) Vats/- U T