Sukhal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43498 of 2015 Arising Out of PS.Case No. -45 Year- 2014 Thana -SONEPUR District- SARAN ====================================================== Sukhal Rai Son of Late Kishun Rai Resident of Village - Kalyanpur, Police Station - Sonepur, District - Saran (Chapra) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 23-11-2016 Heard learned counsels for the petitioner and the State.

The petitioner has renewed his prayer for bail in connection with Sessions Trial No. 340 of 2015 arising out of Sonepur P.S. Case No. 45 of 2014 registered for the offences punishable under Sections 341, 323, 324, 325, 337, 307, 504/34 and 302 of the Indian Penal Code, pending in the court of learned 8th Additional Sessions Judge, Saran at Chapra. The prosecution case is that the husband and son of the informant were constructing house and in the meantime, petitioner Sukhal Rai, co-accused Suresh Rai, Reena Devi and Balister Rai came there and forbade them to construct and abused them. On protest being made from informant side coaccused Suresh Rai threw the son of the informant on heap of

Patna High Court Cr.Misc. No.43498 of 2015 (5) dt.23-11-2016 2/2 bricks and bamboo and co-accused Balister Rai assaulted the son of the informant, petitioner Sukhal Rai also assaulted the son of the informant with iron rod and pushed the informant due to which she sustained injury.

Since there was specific accusation of assault against the petitioner his prayer for bail was rejected vide order dated 12.01.2015 passed in Cr. Misc. No. 36039 of 2014. The last of learned 8th Additional Sessions Judge, Saran at Chapra reflects that I.O. and doctor are left to be examined. In the circumstances, this Court is not inclined to revise the earlier order. Accordingly, the prayer for bail of the petitioner is rejected.

Let the S.P., Saran at Chapra take all efforts to produce both the witnesses so that the trial may be concluded within the stipulated period of six months as framed by the learned trial court.

Let this order be transmitted to the learned trial court and the S.P., Saran at Chapra.

(Dinesh Kumar Singh, J) DKS/- U T