Patna High CourtCR. MISC./28378/2015disposed

Chanchal Singh v. The State Of Bihar

2015-07-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28378 of 2015 Arising Out of PS.Case No. -53 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Chanchal Singh son of Kanhaiya Singh .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Mr. M.Rub(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-07-2015 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, 323, 341, 504, 506, 120B of the Indian Penal Code. Accusation is of making attempt to establish forceful relationship by the petitioner and co-accused Lal Babu Singh with the informant on 21.03.2015 at 3 PM. Subsequently, on 21.03.2015 at 10 PM the co-accused Butai Singh, Bajrang Singh, Udesh Singh and Pintu Singh tried to enter into the house of the informant abused and threatened not to lodge any case. It is submitted by learned counsel for the petitioner that for the occurrence of 21.03.2015 at 3 PM am, the FIR was registered on 22.03.2015 at 08.30 am and even assuming the accusation, the offence under section 376/511 IPC is not made out

Patna High Court Cr.Misc. No.28378 of 2015 (2) dt.24-07-2015 2/2 whereas the co-accused Udesh Kumar Singh, Pintu Singh, Butai Singh and Bajrang Singh have already been granted anticipatory bail by a co-ordinate bench of this court vide Criminal Miscellaneous No. 21428 of 2015.

Considering the nature of accusation it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Muffassil P.S. Case No.53 of 2015, pending before the learned Chief Judicial Magistrate, Chhapra (Saran). With the above observation, this application is, accordingly, disposed off.

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