Shishu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16560 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -PAUTHU District- AURANGABAD ====================================================== Shishu Kumar, S/o Krishna Yadav, R/o village- Simra Achuki, P.S.- Pauthu, District- Aurangabad (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s : Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354A, 354B, 379, 452, 504, 506 of the Indian Penal Code.

The prosecution case is that on 29.01.2016 at 10.00 P.M. in the night, the petitioner came and knocked the door of the informant. The door was opened by the daughter-in-law of the informant, when petitioner caught hold of her hand and started pulling her. On protest being made, the petitioner abused and pushed the daughter-inlaw of the informant on the ground, thereafter the petitioner escaped from the scene after snatching her gold chain.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.16560 of 2016 (2) dt.18-04-2016 petitioner that for the occurrence of 29.01.2016 the First Information Report was registered on 01.02.2016. Last portion of the First Information Report suggests that in village Panchayat case could not be lodged earlier. The petitioner is next door neighbour of the informant. For a petty dispute accusation has been levelled. The statement of victim has not been recorded by the investigating agency.

Considering the delayed lodging of the case, statement of the victim being recorded by investigating agency, coupled with the statement made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 2nd Class, Aurangabad in connection with Pauthu P.S. Case No. 03 of 2016, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K.