Kumod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49630 of 2016 Arising Out of PS.Case No. -69 Year- 2016 Thana -DEORIYA District- MUZAFFARPUR ======================================================

1. Kumod Rai Son of Kishu Rai Resident of village- Muza, P.S- Deoriya, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Deoriya P.S. Case No. 69 of 2016 for the offence punishable under sections 376, 511 and 506 of the Indian Penal Code pending in the court of Sri Aditya Kumar Singh, Judicial Magistrate, 1st Class, Muzaffarpur.

It has been submitted on behalf of the petitioner that even according to the allegation made in the first information report, the petitioner was apprehended on 28.07.2016 in the night but the police was informed on 29.07.2016 and no reason has been assigned for the aforesaid delay. Further submission of the learned counsel for the petitioner is that, as a matter of fact, the

Patna High Court Cr.Misc. No.49630 of 2016 (3) dt.19-01-2017 2/2 dispute arose with respect to payment of price of milk and the petitioner is in custody since 29.07.2016.

Heard learned A.P.P. also who has opposed the prayer for bail.

Having heard both sides and in view of the fact that there is direct allegation against the petitioner and he was caught at the spot, I am not inclined to grant bail to the petitioner at this stage. The petitioner may renew his prayer for bail after framing of charge.

With the aforesaid observation, this application for bail is disposed of.

(Vinod Kumar Sinha, J) Amin/- U