Uma Shankar Roy @ Uma Shankar Ray v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21285 of 2015 Arising Out of PS.Case No. -329 Year- 2014 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Uma Shankar Roy @ Uma Shankar Ray Son of Late Narayan Roy, Resident of Village - Deodha, P.S. - Hasanpur, District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Puspa Devi, W/o Sita Ram Roy, R/o Village - Deodha,P.S. - Hasanpur, District - Samastipur.

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Umesh Lal Verma(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-01-2016 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The application for anticipatory bail filed is a repetition of the prayer made earlier made before this Court which was after due consideration rejected vide order dated 01.04.2015. The present application has been filed stating that in the counter case filed by the opponents of the petitioner all accused persons have been extended the privilege of anticipatory bail by this Court.

Learned Senior Counsel for the petitioner has also tried to persuade this Court after dwelling into the merits of this case. He

Patna High Court Cr.Misc. No.21285 of 2015 (3) dt.27-01-2016 P2/2 submits that considering the nature of allegations made in the present case as well as counter case in which the accused persons have been extended the privilege of anticipatory bail, it appears that it is a case is of family feud and the allegations have been levelled by both the parties are with malicious intention. Having considered all the facts and circumstances, the second application made by the petitioner for grant of anticipatory bail is against the settled principle law and is not maintainable, and is accordingly rejected.

However, if the petitioner surrenders before the Court below within a period of three weeks, it shall be open to the Court below to appreciate the case of the petitioner on its own merit without being prejudiced with the present order of this Court. (Anjana Mishra, J) Saif/- U T