Sunil Singh And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.190 of 2015 (2) dt.07-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.190 of 2015 Arising Out of PS.Case No. -53 Year- 2013 Thana -MAHILA P.S. District- SIWAN ====================================================== 1.Sunil Singh son of Birendra Singh

2. Rajesh Singh son of Birendra Singh 3.Mantu Singh son of Birendra Singh, all are resident of village Junaidpur,P.S. Basantpur, Dist.Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Rana Randhir Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under sections 376, 511, 341, 323, 354 and 379 of the Indian Penal Code. Accusation is that after making the victim naked, the petitioners tried to establish physical relationship. It is submitted by the learned counsel for the petitioners that police has submitted charge sheet only under section 376/511 but the C.J.M. has taken cognizance under sections 341, 323, 504, 354/34 of the Indian Penal Code also. In view of the ratio laid down in the case of Mahendra Prasad Singh Vs The State of Bihar, reported in 2004(3)

Patna High Court Cr.Misc. No.190 of 2015 (2) dt.07-01-2015 PLJR,491, let the learned court below consider the prayer for regular bail of the petitioners, if petitioners surrender before the court below within a period of six weeks from today in connection with Siwan Mahila P.S. Case no. 53 of 2013, G.R. No. 3810 of 2013 pending in the court of C.J.M, Siwan. It is made clear that in such case bail can be grated only on denial of the accusation and if the petitioners have not misused the privilege of police bail.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) M.Rahman/- U T