Patna High CourtCR. MISC./60005/2018dismissed

Mukesh Ray @ Mukesh Kumar v. State Of Bihar And ANR

2019-04-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60005 of 2018 Arising Out of PS. Case No.-3557 Year-2015 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Mukesh Ray @ Mukesh Kumar, son of Hareshwar Ray and resident of village Karnpura, P.S.Ganga Bridge, District Vaishali ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sudha Devi, wife of Sukrit Ray, R/O-Village-Karnpura, P.S. Ganga Bridge, District Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Uday Singh Mr. Manish Chandra Gandhi For the State :

Mr.Sri Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-04-2019 Heard.

This is an application for grant of anticipatory bail in Complaint Case No. 3557 of 2015, disclosing offences under Sections 302, 364, 201/34 and 364/34 of the IPC. Learned counsel for the petitioner has attempted to convince this Court that the petitioner has been implicated in a false criminal case, on the basis of malicious allegation made in Complaint Case No. 3557 of 2015. According to him, the said complaint case has been filed by the wife of one Sukrit Ray, who was made accused in an FIR lodged on 17.09.2015 by the petitioner, for causing fire-arm injury in the chest of the informant's father.

Patna High Court CR. MISC. No.60005 of 2018(3) dt.03-04-2019 2/2 I am unable to accept any plea for re-consideration of anticipatory bail which was earlier rejected by me by order dated 11.07.2016, passed in Cr. Misc. No.15068 of 2016. The petitioner was directed by the said order to surrender before the court below within four weeks and seek regular bail. Apparently, he has not complied with the said order dated 11.07.2016. In view of aforesaid, I am not inclined to entertain this application for grant of anticipatory bail. It is accordingly rejected.

However, considering the nature of argument, which has been advanced in the present case, it is observed that if the petitioner surrenders before the court below within four weeks from today and seeks regular bail, the court below shall dispose of his case on merits, without being prejudiced by any observation made in the present order or the previous order, rejecting his prayer for anticipatory bail.

(Chakradhari Sharan Singh, J) HR/- U T