Patna High CourtCR. MISC./7422/2016disposed

Makeshwar Yadav v. The State Of Bihar

2016-02-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7422 of 2016 Arising Out of PS.Case No. -277 Year- 2015 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Makeshwar Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Sadanand Paswan (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 341, 323, 354, 504 of the Indian Penal Code, under section 3(1) (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and under section 7 of Prevention of Children from Sexual Offences Act. The prosecution case is that on 30.12.2015 at 9.30 AM the petitioner asked the informant to work in his field which was refused by the informant then the petitioner push her down and made attempt to tear her clothes. In the meantime, Pinki Kumari, Kanchan Kumari and Guriya Kumari came then they were given life threatening on the point of pistol by the informant. The land owner of Kanchan Kumari came but the petitioner assaulted Kanchan Kumari and caused injury to her by butt of pistol and

Patna High Court Cr.Misc. No.7422 of 2016 (2) dt.19-02-2016 2/2 abused by calling her caste name.

It is submitted by the learned counsel for the petitioner that for a petty dispute the accusation has been levelled. No injury has been caused to informant or others except two oval contusions over right side of chest of Gudiya Kumari, who was alleged to be assaulted by other accused persons.

The aforesaid facts constitute grounds for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioners surrender within six weeks from today in connection with Suryagarha P.S. case No. 277 of 2015 pending in the court of learned A.D.J.-cum- Special Judge SC/ST Act Lakhisarai.

This application is disposed of with the aforesaid observation/direction.

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