Patna High CourtCR. MISC./5802/2014disposal with observation

Rajesh Kumar @ Manogi Prasad @ Rajesh @ Manogi v. The State Of Bihar

2016-11-22Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5802 of 2014 Arising Out of PS.Case No. -34 Year- 2013 Thana -DANIYAWA District- PATNA ====================================================== Rajesh Kumar @ Manogi Prasad @ Rajesh @ Manogi, son of Siya Sharan Prasad, Resident of Village - Danara, P.S.- Daniawan, District - Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Rubi Kumari, wife of Rajesh Kumar @ Manogi Prasad,resident ov village- Danara, P.S. Daniawan, District- Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ujjwal Kumar Sinha For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and Sri Uday Chand Prasad, learned Addl. Public Prosecutor. Despite valid service of notice, the informant, who is wife of the petitioner, has preferred not to appear.

In this case, earlier while directing for issuance of notice to Opp.Party no.2, a Bench of this Court had granted interim protection to the petitioner. Surprisingly, earlier case diary was not called for. However, after going through the F.I.R., the Court is satisfied that there is specific allegation against the petitioner and , as such, the Court is of the opinion that it is not a case for grant of anticipatory bail. However, since earlier interim protection was granted, the Court proposes to dispose of the

Patna High Court Cr.Misc. No.5802 of 2014 (8) dt.22-11-2016 2/2 present petition with liberty to the petitioner to surrender before the court below and make a prayer for regular bail. Accordingly, the petition stands disposed of with indication that if within six weeks from today the petitioner appears before the court below and makes a prayer for regular bail, the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law preferably on the same day.

In view of disposal of the present petition, interim protection granted earlier to the petitioner stands automatically vacated.

(Rakesh Kumar, J) NKS/- U T