Patna High CourtCR. MISC./5866/2019bail rejected

Jay Chandra Ray @ Jay Chand Ray @ Jai Chandra Ray v. The State Of Bihar

2019-02-26Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5866 of 2019 Arising Out of PS. Case No.-128 Year-2017 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Jay Chandra Ray @ Jay Chand Ray @ Jai Chandra Ray, aged about 36 years, Gender-Male, S/o Kapildeo Ray @ Kapal Ray, Resident of VillageDhaneshpur Dakshin, P.S. Vidyapati Nagar, Dist. Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

Mr. Saket Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Vidyapati Nagar P.S. Case No. 128 of 2017 registered for offences under sections 325, 323, 354, 379, 341, 504, 506, 147, 148, 149 of the Indian Penal Code. In the present case, an allegation has been made against the petitioner to have abused and assaulted to the Informant.

This Court vide order dated 4.2.2019 had called for the case diary. In paragraph nos. 22, 23, 26, 31 and 32 whereof, specific allegation has been made against the petitioner but, in paragraph no.50 of the same, the injured Nirmala Devi has

Patna High Court CR. MISC. No.5866 of 2019(3) dt.26-02-2019 2/2 stated that only a slap was given by this petitioner and other accused persons have assaulted her.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.

If the petitioner surrenders before the court below within a period of three weeks from today and prays for bail, the court below, without being prejudiced by this order, will pass orders in accordance with law on the same day of his appearance.

(Shivaji Pandey, J) rishi/- U T