Rubi Singh @ Rubbi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75626 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- KESARIA District- East Champaran ====================================================== Rubi Singh @ Rubbi Singh W/o- Narendra Kumar Singh Resident of VillageBaishakhwa, Bairagi Tola, P.S.- Kesariya, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Bal Govind Sharma, Advocate For the Opposite Party :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State via video conferencing.

The petitioner seeks pre-arrest bail in connection with Kesariya P. S. Case No.65 of 2019 registered under Sections 406, 504 and 506 of the Indian Penal Code.

It would be manifest from the order dated 27.03.2019 that the application filed under Section 438 of the Code of Criminal Procedure was not pressed before the court below as a result of which the same was dismissed for want of prosecution. When the above fact was brought to the notice of the learned counsel for the petitioner, he submitted that he may be permitted to withdraw the present application in order to file an appropriate application under Section 438 of the Code of

Patna High Court CR. MISC. No.75626 of 2019(3) dt.17-06-2020 2/2 Criminal Procedure before the court below first. Leave is granted.

The application is disposed of.

(Ashwani Kumar Singh, J) kanchan/- U T