Patna High CourtCR. MISC./12133/2015dismissed

Ashok Kumar Srivastava v. State Of Bihar And ANR

2015-08-13Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12133 of 2015 Arising Out of PS.Case No. -2262 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Ashok Kumar Srivastava Son of Late Gunjeshwari Prasad, Resident of Village - Bathua, P.S. Manjhagarh, District - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Badri Nath Pandey, Son of Laxram Pandey, Resident of Village - Thodwaliya, P.S. - Kuchikote, District - Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : None For the Opposite Party/s : Md. Fahimuddin(APP) For the Opp. No.2 : Mr. Sanjay Kumar Pandey No.5, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 13-08-2015 No one appears for the petitioner. Learned counsel for the State and opposite party no.2 are present.

2. The prayer for anticipatory bail of the petitioner for offence under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act was dependent on his approach in making payment of admitted amount for which he had issued a cheque but, when notices have been issued to the opposite party no.2 and he had also appeared through a counsel, the petitioner deliberately has remained absent not only today but even on earlier day i.e. on 10.7.2015, as is clearly noted in the order of this Court passed on that day.

Patna High Court Cr.Misc. No.12133 of 2015 (4) dt.13-08-2015

3. That being so, this application for anticipatory bail of the petitioner, namely, Ashok Kumar Srivastava is hereby rejected.

4. This application is, accordingly, dismissed and consequently the interim protection given to the petitioner of being not arrested by order of this Court dated 24.03.2015, is also vacated.

5. Let a copy of this order be sent to the Court below for taking appropriate steps for arrest of the petitioner. (Mihir Kumar Jha, J) Rishi/- U T