Patna High CourtCR. MISC./47978/2015disposed

Dhiraj Singh @ Dhirendra Singh @ Dhiraj Kumar v. State Of Bihar And ANR

2015-11-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47978 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -BHADAUR District- PATNA ====================================================== Dhiraj Singh @ Dhirendra Singh @ Dhiraj Kumar Son of Sharwan Singh, Resident of Village - Ajagara,Police Station - Bhadaur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Chandani Kumari Daughter of Hanil Pandey, Resident of Village and Post - Ajagara, Police Station - Bhadaur, District - Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Arun Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 04-11-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 354(B), 323 of the Indian Penal Code and 8 of The Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that while the informant went to ease out then the petitioner tried to gag her and bring towards bush but one Matlu Sao witnessing the occurrence reported the matter to the brother of the informant, who arrived there then the petitioner assaulted the brother of the informant.

Patna High Court Cr.Misc. No.47978 of 2015 (2) dt.04-11-2015 2/2 It is submitted by learned counsel for the petitioner that the accusation has been levelled for a dispute with regard to the payment of the consideration amount of the cow being purchased by the petitioner from the informant's father. Even assuming the accusation no offence under Section 354(B) IPC or 8 of the POCSO Act is made out.

Considering the nature of accusation, let the learned court below consider the 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 Special Case No. 97 of 2015 arising out of Bhadaur P.S. Case No. 39 of 2015 pending in the court of learned Additional Sessions Judge-I, Patna.

With the aforesaid observation, this application is disposed of.

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