Patna High CourtCR. MISC./25488/2016disposed

Dharmendra Sao @ Baudha @ Baudha Sao v. The State Of Bihar

2016-06-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25488 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ====================================================== Dharmendra Sao @ Baudha @ Baudha Sao son of Uday Sao, resident of village Naima P.S. Ghoshi District Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Smt. Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2016 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under sections 457 and 323 of the Indian Penal Code.

Prosecution case is that while the wife of the informant was sleeping in her house with the door open, the petitioner entered into the house with ill intention. On alarm being raised by the wife of the informant, the informant and others woke up and caught him but the petitioner after assaulting by means of butt of the revolver flee away.

It is submitted by the learned counsel for the petitioner that the petitioner is a next door neighbour and for a petty dispute for the occurrence of 25.3.2016 at 9 PM the First Information Report

Patna High Court Cr.Misc. No.25488 of 2016 (2) dt.24-06-2016 was registered on 26.3.2016 at 14.30 PM and the F.I.R. was referred before the court of learned Judicial Magistrate on 28.3.2016. Learned counsel suggests that F.I.R. has been registered by antedating.

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 Telhara P.S.Case No. 27/2016 pending in the court of Judicial Magistrate, 1st Class, Hilsa, Nalanda. With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) Surendra/- U