Patna High CourtCR. MISC./25059/2016bail granted

Dilip Singh v. The State Of Bihar

2016-06-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25059 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1.

Dilip Singh Son of Bindeshwari Singh Resident of villageChakdagrahan, Police Station- Mehsi (Jai Bajrang Chowk O.P.), District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Ambika Bhagat(Spl. App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-06-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 504, 506, 34 of the Indian Penal Code and Section 3(1)(X) of the SC & ST (Prevention of Atrocities) Act.

The prosecution case is that the daughter of the informant went to pluck spinach on 08.02.2016 at 5:00 P.M when co-accused Manoj Singh, Krishna Singh and the petitioner started abusing the daughter of the informant, they assaulted her after pushing her on the ground. When the informant went to make complaint then she was abused by calling caste name.

It is submitted by learned counsel for the petitioner that injury report of the daughter of the informant suggests pain in left arm and back but no external injury was found though it was specifically alleged that three persons

Patna High Court Cr.Misc. No.25059 of 2016 (2) dt.20-06-2016 2/2 assaulted the daughter of the informant. For the occurrence of 06.02.2016 at 5:00 P.M the F.I.R was registered on 07.02.2016 at 9:30 A.M. It is further submitted that Mehsi P.S. Case No. 19 of 2016 was filed by the father of the petitioner Bindeshwari Singh against the informant at earlier point of time levelling accusation under Sections 323, 341, 447, 427, 336/34 of the Indian Penal Code.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the delayed lodging of the case, the case lodged by the petitioner's side at earlier point of time and the accusation not being corroborated with the medical opinion, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Mehsi(Jai Bajrang Chowk) P.S. Case No. 20 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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