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Patna High CourtCR. MISC./23063/2020bail rejected

Ramdeo Ray @ Ramdev Rai v. The State Of Bihar

2020-11-05Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23063 of 2020 Arising Out of PS. Case No.-176 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== Ramdeo Ray @ Ramdev Rai, Gender - Male, aged about 50 years, son of Baran Ray, R/o - Lalua, P.S.-Piprahi, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Uma Shankar Prasad, Sr. Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2020 Heard Dr. Uma Shankar Prasad, learned senior counsel for the petitioner, Mr. Anuj Kumar, learned counsel for the informant and Mr. Nawal Kishore Prasad, learned counsel for the State through video conferencing.

Petitioner seeks regular bail in connection with Piprahi P.S. Case No. 176 of 2019 registered for the offence under Sections 147 , 148 , 149 , 302 / 307 , 323, 324, 436, 504 and 506 of the I.P.C.

The allegation as per the First Information Report is that the petitioner along with other accused persons arrived at the house of the informant along with Farsa, Lathi, Danda and knife and the petitioner assaulted the minor daughter of the informant on her forehead as well as on her left foot. Learned senior counsel for the petitioner submits that

Patna High Court CR. MISC. No.23063 of 2020(4) dt.05-11-2020 2/2 petitioner has falsely been implicated in this case and there is general and omnibus allegation against the petitioner. Learned counsel further submits that both the parties are co-sharers and there is bonafide land dispute between them.

On the other hand, learned counsel for the State and informant submits that there is direct allegation of assault against the petitioner upon the minor daughter of the informant leading to her death and from perusal of the post mortem report it would be evident that injuries caused to the deceased are corroborating with the allegation against the petitioner made in the First Information Report.

After having regard to the submissions made by the parties and taking into consideration the materials available on record, I am not inclined to grant regular bail to the petitioner at this stage.

The same is accordingly rejected.

However, the petitioner may renew his prayer for bail after one year if the trial does not show any progress. (Anil Kumar Sinha, J) praful/- U T