Patna High CourtCR. MISC./8822/2016disposed

Updesh Ram v. The State Of Bihar

2016-02-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8822 of 2016 Arising Out of PS.Case No. -224 Year- 2013 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Updesh Ram Son of Lakhan Ram, Resident of Village- Sagar Mathiya, P.S. - Pipra, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366, 379/34 of the Indian Penal Code. Subsequently, Section 376 of the Indian Penal Code was added after recording the statement of victim under Section 164 of the Cr.P.C. The prosecution case is that the informant's wife was abducted on 20.10.2013 by the petitioner and taking way the jewellay and cash from his house. In 164 Cr.P.C. statement the victim has supported the accusation of abduction and her being ravished by the petitioner. It is submitted by the learned counsel for the petitioner that the accusation prima facie appears to be

Patna High Court Cr.Misc. No.8822 of 2016 (2) dt.25-02-2016 unreasonable that the wife of the informant took away all the jewellary and cash from his house while she went in the company of the petitioner. There is no medical report of the victim on record. The petitioner is agnate of the informant. Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Pipra P.S. Case No. 224 of 2013, pending in the court of learned Chief Judicial Magistrate, Motihari. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T