← Library
Patna High CourtCR. MISC./5283/2023bail rejected

Ramdeo Ray @ Ramdev Rai v. The State Of Bihar

2023-02-22Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5283 of 2023 Arising Out of PS. Case No.-176 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== RAMDEO RAY @ RAMDEV RAI SON OF BARAN RAY R/O VILL.- LAUA, P.S.- PIPRAHI, DISTT.- SHEOHAR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ritwik Thakur For the State :

Ms.Nirmala Kumari For the informant :

Mr. Arun Kumar Prasad Mr. Anuj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2023 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sessions Trial No. 39 of 2020, arising out of Piprahi Police Station Case No. 176 of 2019, registered for the offences punishable under Sections 147/148/149/302/307/323/324/436/ 504 of the Indian Penal Code.

This is the third attempt on behalf of the petitioner for grant of regular bail. On the last occasion, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 18.04.2022, passed in Criminal Misc. No. 13044 of 2022, giving liberty to the petitioner to renew his prayer for bail after

Patna High Court CR. MISC. No.5283 of 2023(3) dt.22-02-2023 2/3 six months from the date of the order, if the trial is not concluded.

The allegation against the petitioner, as per the First Information Report, is that he assaulted the 13-months old minor child of the informant on her forehead as well as on her foot, due to which she died.

Learned Counsel for the petitioner submits that the petitioner is in custody since 12.05.2020 and the trial has not registered any substantial progress.

This Court, vide order, dated 25.01.2023, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned 3rd Additional Sessions Judge, Sheohar, and from perusal of the same, it would be evident that five prosecution witnesses out of ten have has been examined and the learned Trial Court has given the estimated time for conclusion of the trial as three months.

After having heard learned Counsel for the parties and taking into consideration the report of the learned Trial Court, I am not inclined to grant regular bail to the petitioner, at this stage.

This application is, accordingly, dismissed.

Patna High Court CR. MISC. No.5283 of 2023(3) dt.22-02-2023 3/3 However, the petitioner may renew his prayer for bail after three months from today, if the trial is not concluded by that period.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √