IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5040 of 2020
Arising Out of PS. Case No.-345 Year-2019 Thana- GRIYAK District- Nalanda ======1. Deepak Kumar, Son of Ram Saran Yadav, Resident of Village Giriyak, P.S. Giriyak, District Nalanda. 2. Vivek Roy @ Vivek Rai @ Vivek Kumar, Son of Ram Saran Yadav, Resident of Village Giriyak, P.S. Giriyak, District Nalanda.
...... Petitioner/s Versus The State of Bihar.
...... Opposite Party/s ======Appearance : For the Petitioners : Mr. Niranjan Kumar, Advocate For the State : Mr. Manish Kumar No.2, APP ======CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
4 23-04-2020 Heard Mr. Niranjan Kumar, the learned counsel
appearing for the petitioners and Mr. Manish Kumar No.2, the
learned Additional Public Prosecutor on I.A. No.1/2020.
Petitioners filed I.A. No.1/2020 for early hearing of
the bail petition or for grant of provisional bail for solemnizing
the marriage of petitioner no.1. The marriage of petitioner no.1
is scheduled to be held on 27.04.2020. Petitioner No.2 is own
brother of petitioner no.1. It appears that the petitioners are in
jail since 15.11.2019, but surprisingly the parents of the
petitioner no.1 knowingly well that the petitioners are in jail in a
murder case even then the marriage of petitioner no.1 has been
settled. There is a complete lockdown on account of COVID-19 Patna High Court CR. MISC. No.5040 of 2020(4) dt.23-04-2020 2/2
break out. The district of Nalanda has been declared as hot spot
and yesterday 16 persons of Nalanda district were found
positive with COVID-19. Giriyak P.S. in which the house of
petitioners is situated falls within the Nalanda district. In view
of the complete lockdown and particularly declaring the
Nalanda district as hot spot, social distancing and confinement
in the house are required to be maintained at any cost in order to
prevent further deterioration and out break of COVID-19 at
community level.
Considering the facts aforesaid, I am not inclined to
grant provisional bail to the petitioners for solemnizing marriage
of petitioner no.1, therefore, I.A. for grant of provisional bail of
the petitioners is rejected in connection with Giriyak P.S. Case
No.345 of 2019.
I.A. No.1/2020 is dismissed.
List this case on 4th of May, 2020 within top ten cases.
(Prabhat Kumar Jha, J) BKS/S.Kumar/-
U T