Dinesh Marbaita v. The State Of Bihar

Patna High Court Cr.Misc. No.28262 of 2015 (3) dt.30-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28262 of 2015 Arising Out of PS.Case No. -32 Year- 2015 Thana -BIRPUR District- SUPAUL ====================================================== Dinesh Marbaita S/o Rameshwar Marbaita resident of Village - Banailipatti, Ward No. - 4, P.S. - Birpur, District - Supaul. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Vivek Kumar For the Opposite Party : Mr. Rajendra Singh Shastri Ji(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 438, 341, 323, 354(B), 504 and 506/34 of the Indian Penal Code.

It is alleged by the informant that on 06.03.2015 this petitioner and three others entered into her Angan and this petitioner caught hold of her from behind with bad motive. The informant raised alarm whereupon her husband came and this petitioner assaulted the informant and her husband. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is a delay of sixteen hours in instituting the FIR as to when the police station is hardly five kilometers from the place of occurrence. Section

Patna High Court Cr.Misc. No.28262 of 2015 (3) dt.30-09-2015 354(B) has only be added to make the offence graver. The other offences are bailable.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Birpur at Supaul in connection with Birpur P.S.Case No.32 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sudhir Singh, J) B.Kr./- U T