← Library
Patna High CourtCR. MISC./32025/2015disposed

Rameshwar Prasad v. The State Of Bihar

2015-08-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32025 of 2015 Arising Out of PS.Case No. -73 Year- 2015 Thana -RAJAULI District- NAWADA ====================================================== Rameshwar Prasad Son of Bangali Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341/323/501/506/379/354 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that when minor daughter of informant went to bring her she-buffalo from the filed of the petitioner, the petitioner made an attempt to outrage her modesty on protest being made by the informant, she was abused by calling caste name.

It is submitted by learned counsel for the petitioner that during investigation the prosecution witnesses have not

Patna High Court Cr.Misc. No.32025 of 2015 (2) dt.07-08-2015 2/2 supported the accusation of outraging modesty and for a dispute with regard to grazing of crops of the petitioner by the shebuffalo of the informant, the accusation has been levelled. For the occurrence of 23.04.2015, the F.I.R. was registered on 24.04.2015 but it reached to the court of learned Chief Judicial Magistrate on 26.04.2015 which suggests antedating of F.I.R. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute good ground 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 Rajauli P.S. Case No.73 of 2015, pending before the learned Chief Judicial Magistrate, Nawada.

With the above observation, this application is, accordingly, disposed off.

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