Patna High CourtCR. MISC./4225/2016disposed

Raju Kumar v. The State Of Bihar

2016-01-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4225 of 2016 Arising Out of PS.Case No. -149 Year- 2015 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raju Kumar son of Lakhindra Mahto resident of Village- Kasba Mehsi, P.S.- Mehsi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Manoj Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 376/511,354 and 506/34 of the Indian Penal Code.

The prosecution case is that on 2.9.2015 at 12.00 noon the petitioner abused the daughter of the informant and tore her clothes when the sister in law and brother in law of the informant went to rescue then they were also abused. It is submitted by the learned counsel for the petitioner that for the occurrence of 2.9.2015 the FIR was

Patna High Court Cr.Misc. No.4225 of 2016 (2) dt.30-01-2016 2/2 registered on 6.9.2015 on the basis of the written report of the informant. The victim was not examined by the doctor. It is further submitted that even assuming the accusation at best a case under section 354 IPC is made out. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the delayed lodging of the case and the petitioner having no criminal antecedent, it is a case for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Mehsi P.S. Case Nop. 149 of 2015 pending in the court of learned ACJM VI, East Champaran, Motihari.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T