Shambhu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82123 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- MIRGANJ District- Purnia ====================================================== SHAMBHU PASWAN Son of Late Ram Das Paswan Resident of VillageDamaili, Paswan Tola, Mirganj, District- Purnea. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Amit Kumar Anand, Advocate.

For the State :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Mirganj P.S. Case No.65 of 2019 registered under Sections 363 and 366(A)/34 of the Indian Penal Code, pending in the court of Sri Vivek Chandra Verma, Judicial Magistrate, First Class, Purnea. Learned counsel appearing on behalf of the petitioner submits that earlier, the prayer of the petitioner and the co-accused Sonu Paswan to grant them the privilege of pre-arrest bail has already been rejected by a Bench of this Court vide order dated 17.08.2019 passed in Criminal Misc. No.51302 of 2019. Learned counsel for the petitioner further submits that that while after rejection of the prayer of the petitioner and the co-accused Sonu Paswan to grant them the privilege of pre-arrest by the aforesaid order dated 17.08.2019 passed

Patna High Court CR. MISC. No.82123 of 2019(4) dt.25-06-2020 2/2 in Criminal Misc. No.51302 of 2019 by a Bench of this Court, the victim girl has filed compromise petition in the court below with the contention that she has performed the marriage with the son of the petitioner but very fairly submitted that the statement of the victim girl under Section 164 of the Code of Criminal Procedure has not been recorded as yet.

Admittedly, the prayer of the petitioner and the co-accused Sonu Paswan to grant them the privilege of pre-arrest bail has already been rejected by a Bench of this Court vide order dated 17.08.2019 passed in Criminal Misc. No.51302 of 2019.

I find no reason to reconsider the prayer of the petitioner to grant him the privilege of pre-arrest bail. Accordingly, the prayer of the petitioner to grant him the privilege of pre-arrest bail is, again, rejected. However, the petitioner is directed to surrender before the trial court within six weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) P.S./- U T