Dismissed

Ashutosh Kumar @ Lala v. The State of Bihar

Patna HC24 Nov 2023CR. MISC./64078/2023

Case brief

AI extract

What is this about?

The Patna High Court rejected a second anticipatory bail petition in a rape case. The court criticized the petitioner for not surrendering earlier and directed the Superintendent of Police to explain the inaction in a 2022 FIR.

What did the court decide?

Bail petition rejected; Rs. 2,000 cost to be deposited; SP directed to submit report on police inaction within four weeks.

Ashutosh Kumar @ Lala Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64078 of 2023

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Arising Out of PS. Case No.-151 Year-2022 Thana- DALSINGHSARAI District- Samastipur

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

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ASHUTOSH KUMAR @ LALA son of Surendra Mahto Village- Khoksa PsDalsinghsarai Dist- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr. Yogesh Chandra Verma, Senior Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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3 24-11-2023

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Heard Mr. Yogesh Chandra Verma, learned Senior

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Counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

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The F.I.R. has been lodged under section 376 of the Indian Penal Code and as per the FIR, there is direct allegation against the petitioner herein.

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Earlier his anticipatory bail petition was rejected on 11.01.2023 with reasoned order.

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Ten months later, this anticipatory bail has been preferred with the submission that those who were in judicial custody, the trial is going on against him/them where the victim/witnesses have not supported the case.

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If that was the case, it would have been appropriate for the petitioner to surrender and cooperate in trial and get

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Patna High Court CR. MISC. No.64078 of 2023(3) dt.24-11-2023 2/2

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himself exonerated of all the charges levelled against him.

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Instead, after ten months, he has preferred second anticipatory bail. There is no need to relook into the matter and the anticipatory bail petition is once again rejected with a cost of Rs. 2,000/- to be deposited with the Patna High Court Legal Services Committee.

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The Superintendent of Police, Samastipur shall submit a report as to how in a case in which there is/are charges of rape against the petitioner and the FIR lodged in 2022, such a long rope has been given to him and/or the reason behind the failure of the Police in this case.

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A report be submitted within a period of four weeks from today.

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The matter be taken up under the heading ‘To be Mentioned’ after four weeks to peruse the report submitted by the S.P., Samastipur.

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Let a copy be sent to the S.P., Samastipur for his perusal and necessary action.

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(Rajiv Roy, J)

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Neha/-

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U T

Ashutosh Kumar @ Lala v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashutosh Kumar @ Lala v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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