IN THE HIGH COURT OF JUDICATURE AT CRIMINAL MISCELLANEOUS No.5040 of 2020

Arising Out of PS. Case No.-345 Year-2019 Thana- GRIYAK District- ======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 .

...... 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 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/-

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