Shivjee Upadhyay v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48122 of 2015 Arising Out of PS.Case No. -113 Year- 2015 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================
1. Shivjee Upadhyay S/o Munna Upadhyay, R/o Village- Upadhyay Pur, P.S.- Buxar (Ind), District- Buxar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 457, 354A (I) (II), 354(B), 420/34 of the Indian Penal Code. The prosecution case is that on 08.05.2015 the petitioner entered into the house of the informant and tried to outrage the modesty of the daughter of the informant. Subsequently on pressure of the villagers, the petitioner agrees to marry with the informant's daughter, but subsequently refused to marry, consequently the present case has been lodged.
It is submitted by the learned counsel for the petitioner that for the occurrence of 08.05.2015 the First Information Report was registered on 11.05.2015 and there is
Patna High Court Cr.Misc. No.48122 of 2015 (2) dt.05-11-2015 nothing on record to suggest that petitioner entered into the house of the informant. Though, the petitioner was visiting terms with the family members of the informant. The delayed lodging of the case constitute ground for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Buxar (Ind) P.S. Case No. 113 of 2015, pending in the court of learned Chief Judicial Magistrate, Buxar.
With this observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T