Satendra Ray @ Satyendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15870 of 2023 Arising Out of PS. Case No.-332 Year-2022 Thana- GAURICHAK District- Patna ====================================================== SATENDRA RAY @ SATYENDRA RAY Son of Late Ram Ekbal Ray @ Ram Khelawan Ray R/V- Kandap, P.s- Gaurichak, Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan Prasad No. 1 For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 302/34 of the Indian Penal Code.

As per prosecution case, the informant stated that on 27.05.2022 at around 9:30 am, she was sitting at her shop when Rashti and Chandan Kumar started asking for ice cream. On denial, the petitioner along with co-accused persons came and started fighting with her. When her mother-in-law came to save her, Rashti Kumar hit her mother-in-law with a stick on her temple, due to which she fell down. Thereafter, her mother-inlaw was taken to PMCH where her she died during treatment. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.15870 of 2023(2) dt.28-04-2023 2/2 falsely been implicated in this case. From perusal of FIR, it appears that allegation against this petitioner is of assaulting the deceased by fists and slaps whereas the specific allegation of assaulting by means of stick is against co-accused Rashti Kumar. It is further submitted vide para 10 of the petition that the treatment slip of the PMCH clearly shows that it a case of bran hemorrhage due to fall from sitting position. The petitioner has got no criminal antecedent and is languishing in judicial custody since 18.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gaurichak P.S. Case No. 332 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Patna City.

(Sunil Kumar Panwar, J) Amandeep/- U T