Upendra Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19373 of 2015 Arising Out of PS.Case No. -36 Year- 2014 Thana -MAHILA P.S. District- BHAGALPUR ======================================================
1. Upendra Prasad Singh S/o Late Asharfi Prasad Singh R/o Mohalla Ishakchak , P.s Ishakchak, Distt- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under sections 376,379 and 420 of the Indian Penal Code.
It is alleged that the petitioner took rupees two lacs from the informant who is a business partner of the petitioner but subsequently refused to return the same. The petitioner on the alleged date of occurrence entered in the room of the informant made attempt to establish physical relationship and snatched rupees twenty five thousand.
It is submitted by learned counsel for the petitioner that the petitioner is the tenant of the informant and the accusation has been levelled in the background of partnership dispute. It is further
Patna High Court Cr.Misc. No.19373 of 2015 (2) dt.01-05-2015 2/2 submitted that on conclusion of investigation charge sheet has been submitted under sections 354B,420 and 379 IPC. Considering the same the higher official during investigation directed the petitioner not to be arrested under the provision under section 41(a) Cr.P.C.
Considering the fact that now he investigation has already been concluded, it is a case for consideration of regular bail by the learned court below in case the petitioner surrenders within six weeks from today in connection with Bhagalpur Mahila P.S. Case No. 36 of 2014 pending in the court of learned C.J.M., Bhagalpur.
This application is disposed of with the aforesaid observation/direction (Dinesh Kumar Singh, J) Anil/- U