Patna High CourtCR. MISC./38339/2015disposed

Arun Singh v. The State Of Bihar

2015-09-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38339 of 2015 Arising Out of PS.Case No. -133 Year- 2013 Thana -JAMUI District- JAMUI ====================================================== Arun Singh Son of late Mathura Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 377 of the Indian Penal Code.

The prosecution case is that on 18.05.2013, the petitioner committed unnatural offence with the informant. It is submitted by learned counsel for the petitioner that there is no medical report on record and for the occurrence of 18.05.2013, the FIR was registered on 21.06.2013. Subsequently, the informant has retracted from initial version and has filed a petition to that effect before the learned court below. On conclusion of investigation, the chargesheet was submitted under sections 377/511, 586 of the Indian Penal Code. A statement has

Patna High Court Cr.Misc. No.38339 of 2015 (3) dt.29-09-2015 2/2 been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the delayed lodging of the case, the accusation without being corroborated with the medical opinion and the petitioner having no criminal antecedent, 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 Jamui P.S. Case No.133 of 2013, pending before the learned CJM, Jamui.

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

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