Raghupati Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74656 of 2019 In CRIMINAL MISCELLANEOUS No.10513 of 2019 Arising Out of PS. Case No.-181 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== RAGHUPATI RAY Son of Ramdeo Ray Resident of Village- Laxmipur, P.S.- Barbigha, District- Sheikhpura, at present resident of Ravindra Palli, Near Sainik School, Town Howrah, P.S.- Bali, District- Hawrah, West Bengal. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dular Devi Wife of Raghupati Ray, Daughter of Dilip Raut At present resident of Village- Pesaur, P.S.- Rahui, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajnish Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-01-2020 This application has been filed for modification of the order dated 25.6.2019 passed in Cr.Misc.No. 10513 of 2019 by which petitioner was granted anticipatory bail on condition to surrender by 5.7.2019.

Learned counsel for the petitioner has submitted that mother of petitioner was suffering from ailment as such he could not surrender within the time specified. However, from perusal of the record it appears that the order was passed to surrender by 5.7.2019, whereas this application has been filed on 24.10.2019, i.e., after three months, which shows callous attitude of the petitioner and no

Patna High Court CR. MISC. No.74656 of 2019(2) dt.29-01-2020 2/2 respect about the direction of this Court.

In such view of the matter, I am not inclined to interfere with the earlier order passed by this Court. Accordingly, this application is dismissed.

However, if petitioner surrenders and prays for regular bail, the same shall be considered on its own merit. (Vinod Kumar Sinha, J) spal/- U T