Rupesh Ray @ Rupesh Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66432 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- ROSERA DistrictSamastipur ====================================================== RUPESH RAY @ RUPESH KUMAR RAY S/o Late Babu Saheb Ray R/o village- Jakhar, P.S.- Rosera, District- Samastipur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ashok Kumar Mishra, Advocate.
For the Opposite Party:
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 307, 323, 325, 341, 379, 448, 504, 506 of the Indian Penal Code registered in connection with Rosera P.S. Case No. 87 of 2019.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of partition dispute as the parties are agnates. All four accused persons are own brothers, three of whom have been granted anticipatory bail by the learned Sessions Judge. The petitioner claims clean antecedents.
4. Learned APP on the other hand opposes the petition, inviting reference to the order of the learned Sessions Judge, taking note that grievous injury has been caused to
Patna High Court CR. MISC. No.66432 of 2019(2) dt.04-11-2019 2/2 informant Indu Devi attributed to the assault with iron rod by the petitioner. It is therefore submitted that there is specific accusation against the petitioner which stands corroborated.
5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The petition stands dismissed.
6. If the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law, without being prejudiced by any observation in the present order.
(Vikash Jain, J) Ibrar//- U T