← Library
Patna High CourtCR. MISC./38346/2020rejected

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

2021-11-02Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38346 of 2020 Arising Out of PS. Case No.-191 Year-2020 Thana- PATORI District- Samastipur ====================================================== Santosh Ray @ Santosh Kumar Ray, Gender-Male, aged about 35 years, Son of Suresh Ray @ Suresh Prasad Ray, resident of Village - Ramchandrapur, P.S.- Patori in the District of Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP For the Informant :

Mr. S.K. Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Shahpur Patori P.S. Case No.191 of 2020 pending in the Court of learned ACJM-II, Samastipur for the offence under Sections 302, 201 and 34 of the Indian Penal Code. As per the prosecution case, while the informant went to her brother's house, there was some altercation took place and it is also alleged that all the accused persons including the petitioner murder her husband.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. It is further submitted that the petitioner is brother of

Patna High Court CR. MISC. No.38346 of 2020(4) dt.02-11-2021 2/2 the deceased and as a matter of fact, there is no dispute of partition in the family.

However, learned APP for the State and the informant vehementally opposed the prayer for bail and submitted that the processes under Sections 82 and 83 have already been completed against the petitioner.

In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail is rejected.

(Rajesh Kumar Verma, J) Brajesh Kumar/- U T