Nageshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54603 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== Nageshwar Rai, son of Late Yogendra Rai, Village-Patsharma, P.S.- Gaighat, District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-12-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 354, 427, 436, 34 of the Indian Penal Code and Section 3(1)(x)(xi)(2)(iii)(iv) of the SC & ST (Prevention of Atrocities) Act. It is alleged that on 28.03.2015 the informant and his wife were sleeping in two adjacent huts when on noise, it was found that hut was lit on fire. It is also alleged that accused persons abused the wife of the informant by calling caste name and made an attempt to through her in fire. It is submitted by learned counsel for the petitioner that even assuming the accusation, no offence under Section 436 I.P.C is made out against the petitioner and no injury was caused to the informant's wife. In fact the informant's side encroached the land of the temple for which protest was made.

Let learned Court below consider the prayer

Patna High Court Cr.Misc. No.54603 of 2015 (2) dt.02-12-2015 2/2 for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Gaighat P.S. Case No. 54 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Muzaffarpur.

With the observations above, the application stands disposed off.

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