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Patna High CourtCR. MISC./16833/2024dfd for non appearance

Aditya Prakash @ Bittu Kumar v. The State Of Bihar

2024-06-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16833 of 2024 Arising Out of PS. Case No.-638 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Aditya Prakash @ Bittu Kumar Son Of Madho Saw Resident Of Village - Durga Charan Lane, Samuchichai Ka Chauraha, Police Station - Gulzarbag, District - Patna City ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Puja Kumari Wife Of Bittu Kumar @ Aditya Prakash, D/O. Ramwatar Prasad D/O Ramwatar Prasad Resident Of Hiswa Pachu Rajgir Road, P.S. - Hiswa, District - Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

None.

For the Opposite Party/s :

Mr. Ravindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2024

1. No one appears on behalf of the petitioner. The learned APP Mr. Ravindra Kumar along with learned counsel for the informant are present.

2. The petitioner apprehends his arrest in connection with Complaint Case No.638/2021, registered for the offences punishable under Sections 498(A), 323 and 504 of the Indian Penal Code, pending in the Court of learned C.J.M., Nawada.

3. The learned counsel appearing on behalf of the informant straightaway draws the attention of the court to the defects pointed out by the office, wherein one of the defects pointed out by the office is to file proper bail rejection order on

Patna High Court CR. MISC. No.16833 of 2024(2) dt.24-06-2024 2/2 merit by the learned Sessions Court, Nawada. The learned counsel for the informant submits that from perusal of the order impugned, it would manifest that for non-appearance, the learned District and Sessions Judge, Nawada was pleased to dismiss the case for non-prosecution and the petitioner instead of getting that order recalled, straightaway approached this court seeking anticipatory bail. It is thus submitted that anticipatory bail application is not maintainable as the case was not rejected by the learned Sessions Judge, Nawada on merit.

4. Since no one appears on behalf of the petitioner, the case is dismissed for non-prosecution.

(Satyavrat Verma, J) amit/- U T