Dismissed

Sushmita Ray @ Subhasmita Roy v. The State of Bihar

Patna HC25 Jun 2020CR. MISC./8794/2020

Case brief

AI extract

What is this about?

This is an oral order granting an order dismissing an anticipatory bail petition. The court dismissed the petition as not maintainable because the petitioners had been declared absconders in an earlier order dated 21.08.2019. The court relied on established precedents stating that anticipatory bail is not maintainable against absconders.

What did the court decide?

The petition is dismissed as it is not maintainable since the petitioners are declared absconders.

Sushmita Ray @ Subhasmita Roy Vs The State of Bihar — Anticipatory Bail | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8794 of 2020

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Arising Out of PS. Case No.-1277 Year-2012 Thana- COMPLAINT CASE DistrictKishanganj

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======================================================

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SUSHMITA RAY @ SUBHASMITA ROY D/o Late Ranjeet Kumar Roy R/o Mohalla- Boarding Para, Ward No. 2, P.O.- Baranachina, P.S.- Dinhata, District- Kooch Bihar, State- West Bengal

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Bhulan Ray @ Bhulan Roy W/o Late Ranjeet Kumar Roy R/o MohallaBoarding Para, Ward No. 2, P.O.- Baranachina, P.S.- Dinhata, DistrictKooch Bihar, State- West Bengal

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Bishwajeet Roy @ Biswajit Roy S/o Late Ranjeet Kumar Roy R/o MohallaBoarding Para, Ward No. 2, P.O.- Baranachina, P.S.- Dinhata, DistrictKooch Bihar, State- West Bengal

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... ... Petitioner/s

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Versus

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The State of Bihar

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Tapati Ray W/o Chinmay Roy R/o Mohalla- Dumariya, Ward No. 30, P.S. and District- Kishanganj

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... ... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr.Mukund Mohan Jha For the Opposite Party/s : Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

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ORAL ORDER

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3 25-06-2020

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The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic.

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Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

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This is an application for grant of anticipatory bail in connection with complaint case no. 1277 of 2012 registered for the offences punishable under Sections 323, 385, 379 of Indian Penal Code.

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This Court, by an earlier order dated 28.02.2020, had

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Patna High Court CR. MISC. No.8794 of 2020(3) dt.25-06-2020 2/2

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called for a report from the learned court of C.J.M. Kishanganj in connection with Complaint case no. 1277 of 2012 as to whether the petitioner has been declared an absconder or not.

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A report has been received from the learned court of S.D.J.M. I/C dated 05.03.2020, wherein it has been stated that the petitioner has been declared absconder vide order dated 21.08.2019.

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It is a trite law that anticipatory bail is not maintainable in cases where accused person has been declared as an absconder. Reference in this connection be had to a judgment of the Hon'ble Apex Court in the case of State of Madhya Pradesh v. Pradeep Sharma (2014) 2SCC 171 . In this connection, reference be also had to a judgment rendered by the Hon'ble Apex Court in the case of Lavesh v. State (NCT of Delhi), reported in (2012) 8 SCC 730 .

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The learned counsel for the petitioner has not been able to refute the aforesaid position, as existing on facts as also in law.

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Accordingly, the present petition stands dismissed as not maintainable.

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(Mohit Kumar Shah, J)

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rinkee/-

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U T

Sushmita Ray @ Subhasmita Roy v. The State of Bihar

Case brief

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Sushmita Ray @ Subhasmita Roy v. The State of Bihar

Case brief

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