Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66870 of 2019 Arising Out of PS. Case No.-771 Year-2011 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Uday Kumar, Son of Sri Ramanand Ray, Resident of Flat No. C-3A/50, C.L.I. Colony, Janakpuri, Near Janakpuri, Cinema Hall, P.S.-Janakpuri, New Delhi58. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Teresa John Gilbert W/o Late Anthony John Gilbert Resident of Saint Joseph School Hostel, Christian Colony, P.S.-Budha Colony, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 387, 379, 323, 347 and 506/34 of the IPC.

The prosecution case is that the petitioner assaulted the complainant, his mother-in-law, father-in-law and sister-in-law for not providing the share in the matrimonial house. It appears that the petitioner was granted anticipatory bail by learned Sessions Judge, Patna vide order dated 19.06.2013, passed in A.B.P. No. 938 of 2013, but he failed to surrender and

Patna High Court CR. MISC. No.66870 of 2019(2) dt.20-11-2019 2/2 execute bail bonds. Subsequently, modification petition was filed on 06.11.2013, which was also dismissed as withdrawn, vide order dated 07.11.2013 and thereafter, again the present anticipatory bail application has been filed on behalf of the petitioner.

In that view of the matter, this Court is not inclined to interfere.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

However, keeping in view that on merit the petitioner was earlier granted privilege of anticipatory bail by learned Court below itself, learned Court below may consider the prayer for regular bail of the petitioner, preferably on the same day, if he surrenders within a period of four weeks in connection with Complaint Case No. 771C of 2011, pending in the Court of learned Sub Judge-VII, Patna.

Accordingly, the present application stands disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T