Deepak Kumar @ Deepak Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41469 of 2016 Arising Out of PS.Case No. -408 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Deepak Kumar @ Deepak Kumar Ray, Son of Sh. Rambalak Rai, Resident of Village - Dhepura, Post - Quita, P.S. - Dalsingsarai, District - Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Aaruni Singh, Advocate.

For the Opposite Party : Ms. Suman Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2017 Heard both sides.

The petitioner apprehends his arrest in Dalsingsarai P.S. Case No. 408 of 2014 registered for the offences punishable under Sections 307, 384, 354 and other Sections of the Indian Penal Code.

The informant alleged that at about 10:00 in the night two persons started knocking the gate of the informant and demanded extortion of Rs. 50,000/-. The informant and his family members came out and the accused persons assaulted them and made an attempt to outrage the modesty of the informant's elder daughter. The informant identified the petitioner and one Shankar and alleged that some enemies might have instigated them to commit such mischief.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.41469 of 2016 (5) dt.10-01-2017 2/2 petitioner is innocent and they have in fact committed no offence. The petitioner has got no enmity with the informant and his family members but it appears from perusal of the FIR itself that in the night at 10:00 the petitioner along with Shankar went to the house of the informant demanded extortion and also assaulted the informant and his family members in inebriated condition. Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order and taking into consideration that the injuries are simple in nature. (Prabhat Kumar Jha, J.) KKSINHA/- U T