Patna High Court - Orders
Amit Kumar Jha & Anr vs The State Of Bihar on 16 May, 2014
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 15666 of 2014
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Amit Kumar Jha & Anr
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
05. 16.05.2014It has been submitted on behalf of the Petitioners that pursuant to the order dated 11.03.2014 Petitioners No. 2 and 3, Shambhu Nath Jha and Pradeep Kumar Jha were directed to appear before the Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani but he remanded them to custody without taking into consideration the decision reported in 2004(3) PLJR 491.
It has been submitted on behalf of the Complainant that the Petitioners have no locus to challenge the said order. The further argument is that the aforesaid decision is not applicable in the facts of the case. He next submits that the order has been obtained by fraud because the fact that Sections 82 and 83 Cr.P.C. proceedings were initiated against the Petitioners were suppressed by them. Bail should not be granted to the Petitioners in view of Section 71 Cr.P.C. and the present case does not come within the purview of Section 437(2) Cr.P.C.
Call for an Explanation from the Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in this regard in connection with Tr. No. 2222 of 2014 arising out Patna High Court Cr.Misc. No.15666 of 2014 (5) dt.16-05-2014 2 of C.R. No. 321 of 2011.
The Explanation must be submitted within three weeks List this case under the heading "For Admission"
immediately on receipt of the Explanation.
List this case on 25th June, 2014 under the heading "To Be Mentioned" if the Explanation is not received.
Vikash/- (Anjana Prakash, J.)