Patna High CourtCR. MISC./47947/2014dismissed

Shambhu Ram v. The State Of Bihar

2015-03-03Mr. Justice Dharnidhar Jha2 pages

Patna High Court Cr.Misc. No.47947 of 2014 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47947 of 2014 Arising Out of PS.Case No. -226 Year- 1998 Thana -BIKRAM District- PATNA ====================================================== Shambhu Ram S/o- Saheb Ram, R/v- Bikram, P.S.- Bikram, Distt.- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Md.Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DHARNIDHAR JHA ORAL ORDER 03-03-2015 Heard.

The Court is not inclined to grant bail to the petitioner. Considering the habitual offence of running from justice, the prayer for bail of the petitioner is dismissed. However, let the Additional Sessions Judge-IV, Danapur issue a notice to show cause to the Officer-in-Charge of the Police Station to whom the warrant of arrest was sent for its execution as to why he should not be prosecuted for committing offences under Sections 221 and 222 of the Indian Penal Code. Let the Senior Superintendent of Police, Patna appear and file show cause before the Court below on receipt of a notice to be issued to him also, as to why he should not also be held responsible for non-execution of processes of Court, which are, in fact, orders of Courts requiring them to be executed. It has to be

Patna High Court Cr.Misc. No.47947 of 2014 (2) dt.03-03-2015 supposed that such dereliction in performance of duty towards the execution of a judicial process would be reviewed in every crime meeting. This is the reason, the S.S.P. Patna has also to appear before him. If all the accused are absconding do not appear in Court within a period to be fixed by the Court below, the Court below shall make a reference to this Court for issuing notices of contempt to all the Officers-in-Charge, including S.S.P., Patna. As soon as the accused persons are produced, the Court below shall hear their prayer for bail without being influenced by this order and decide the prayer for bail on their own individual merit. The petitioner shall renew his prayer for bail after appearance of all the accused in the present case.

(Dharnidhar Jha, J) V.P.Sinha/- U