Pawan Rai @ Paswan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17243 of 2021 Arising Out of PS. Case No.-292 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== Pawan Rai @ Paswan Ray Son Of Late Vikarma Rai Resident Of VillageBelhidih, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh For the Opposite Party/s :

Mr. Om Prakash Ray Mr. Satyendra Rai Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel for the informant. The petitioner apprehends his arrest in Kateya P.S. Case No.292 of 2020, registered for the offences punishable under Sections 341, 323, 324, 325, 307 and 34 of the Indian Penal Code.

The petitioner and co-accused, Vishal Rai are said to have entered into the house of the informant and tried to commit rape upon the daughter-in-law of the informant. The petitioner and other co-accused persons are also said to have assaulted the informant, her husband and her son by means of farsa and daab. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is no eye witness of the occurrence. During investigation, none has supported the prosecution case. It is

Patna High Court CR. MISC. No.17243 of 2021(6) dt.22-06-2022 2/2 further submitted that there is land dispute between the parties and a title suit is going on between them. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph3 of the bail application. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner and submitted that the injuries are grievous in nature. Taking into consideration the nature of injuries, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order taking into consideration the fact that a title suit is pending between the parties.

(Anjani Kumar Sharan, J.) Sanjay/- U T