Mathura Pd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43191 of 2014 Arising Out of PS.Case No. -198 Year- 2014 Thana -ALAMGANJ District- PATNA =========================================================== Mathura Pd. S/o Late Sita Ram Sahu Resident of Sahganj, Professor Coloney, P.S. - Sultanganj, Dist.- Patna .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Tilak Sao, Advocate For the State :

Ms. Renu Kumari, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 01-09-2017 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner had filed affidavit in ABP No.22103 of 2014 filed on behalf of Sneh Raj Gupta, said to be juvenile, in connection with Alamganj P.S. Case No.198 of 2014, registered under Sections 341, 323, 354 and 504 of the Indian Penal Code.

3. Prior to that another anticipatory bail petition was filed, the same was disposed of that as the petitioner appears juvenile so directed to move before the appropriate forum. The Sessions Judge, Patna by impugned order observed that Sneh Raj Gupta, the accused instead of appearing before the appropriate forum has again filed anticipatory bail petition so imposed cost of Rs.10,000/- recoverable from the petitioner, who had sworn affidavit.

4. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.43191 of 2014 dt.01-09-2017 2 /2 petitioner on the legal advise had filed anticipatory bail and had sworn affidavit.

5. Having considered the said submission, the order of depositing cost of Rs.10,000/- by the petitioner is set aside.

6. Accordingly, the quashing application stands disposed of.

(Arun Kumar, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.09.2017 Transmission Date 08.09.2017