Mukesh Ray@Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66491 of 2023 Arising Out of PS. Case No.-200 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== MUKESH RAY@MUKESH RAI SON OF LATE PHEKU RAY RESIDENT OF VILLAGE- SIMRI CHANDRASEN, WARD NO. 07, PS- KAHNPUR, DISTT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-10-2023

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Khanpur P.S. Case No. 200 of 2023, registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504, 506/34 of the Indian Penal Code.

3. As per allegation, the petitioner along with other co-accused persons assaulted the informant and her family members and co-accused Chandan Kumar assaulted the husband of the informant with iron rod on his head resulting in injuries and co-accused Nawal Kishore Rai assaulted with bamboo on the head of bhaisur of the informant. It is further alleged that the petitioner and co-accused Chandan Kumar caught the hair of the informant and thrashed her on the ground.

Patna High Court CR. MISC. No.66491 of 2023(2) dt.18-10-2023 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner to assault anybody. The only allegation against him is that he manhandled the informant and thrashed her on the ground. The specific allegation to assault is on co-accused Chandan Kumar and Nawal Kishore Rai. There is case and counter case.

5. On the other hand, learned APP, Shri Shailendra Kumar has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances as well as clean antecedent of the petitioner, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Samastipur in connection with Khanpur P.S. Case No. 200 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) SONALI/- U T