Ramdeo @ Rambo @ Xin Ruidong v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37615 of 2018 Arising Out of PS.Case No. -415 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ====================================================== Ramdeo @ Rambo @ Xin Ruidong S/o Xin, R/o 3rd Floor, Razia Villa, S.E. Gandhi Maidan, Near R.B.I. , P.S.- Gandhi Maidan, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ansul, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 06-07-2018 Mr. Ansul, learned counsel for the petitioner submits that the petitioner has been made an accused in a case instituted under Sections 341, 342, 323, 504 and 506 read with 34 of the Indian Penal Code in which he has been granted bail on 09.02.2017 by the learned A.C.J.M.-VI, Patna. Though, the first information report was instituted on 29th of October, 2016 in Gandhi Maidan P.S. Case No.415 of 2016, the investigation of the case has yet not been completed. He submitted that the petitioner being a busy businessman and a resident of China wanted to go back to his home country for two months. Since his case is pending before the learned Magistrate, he made an

Patna High Court Cr.Misc. No.37615 of 2018 (4) dt.06-07-2018 application before the court of A.C.J.M.-VI, Patna for permitting him to leave India for two months. However, the learned A.C.J.M. rejected his application on 15.05.2018 without assigning any reason merely on the ground that no documents in support of his submission has been produced on behalf of the petitioner that he will return from China within two months. He submitted that since tickets were not purchased by that time, the same could not be produced.

On query made by the Court, he submitted that he would purchase the return ticket and then he may even produce the same.

If that be so, he can takes this plea first before the court below which has rejected the application on the ground that no documents in support of his submission has been produced that he will come back from China after two months. With the aforesaid observation, the application is disposed of.

(Ashwani Kumar Singh, J.) Sanjeet/- U T