Balram Kumar @ Balram Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83323 of 2019 Arising Out of PS. Case No.-327 Year-2019 Thana- FALKA District- Katihar ====================================================== BALRAM KUMAR @ BALRAM PANDIT Hira Lal Pandit Resident of Village - Chandpur, Falka (Pothia), Distt. - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Falka (Pothia) P.S. Case No. 327 of 2019, disclosing the offence under Sections 376 of the Indian Penal Code and Section 4 of POCSO Act.

From the submission made by Mr. Bhola Prasad, learned counsel appearing on behalf of the petitioner, it transpires that he is in possession of the entire case diary of this case. He states that, typed copy of the case diary has been made available to him by the petitioner. Apparently, the petitioner is interfering with the course of investigation, as he cannot legally have possession of the case diary, which is a confidential document, prepared in course of investigation. For this reason

Patna High Court CR. MISC. No.83323 of 2019(3) dt.26-06-2020 2/2 only, this application deserves to be dismissed and it is accordingly dismissed.

However, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) AKASH/- U T