Patna High CourtCR. MISC./14904/2016disposed

Saheb Miyan v. The State Of Bihar

2016-04-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14904 of 2016 Arising Out of PS.Case No. -309 Year- 2014 Thana -MANIYARI District- MUZAFFARPUR ====================================================== Saheb Miyan, son of Abdul Rahman .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s : Mr. Hirday Prasad Singh, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-04-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 448, 341, 342, 376/511, 384 of the Indian Penal Code and The Protection of Children from Sexual Offences Act, 2012.

Prosecution case is that on 31.10.2014 while the informant was sleeping along with her younger sister Rabina Khatoon in the room, the petitioner entered into the room and tried to ravish her. On alarm being raised, when mother of the informant came to rescue and tried to caught hold the petitioner he was escaped from the scene.

It is submitted by learned counsel for the petitioner that there is land dispute between father-in-law of the petitioner

Patna High Court Cr.Misc. No.14904 of 2016 (2) dt.08-04-2016 2/2 and father of the informant, hence, the petitioner has been roped in the present case. For the occurrence of 31.10.2014, the FIR was registered on 01.11.2014 when it reached to the learned court below on 07.11.2014. There is no medical report on record. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Maniyari P.S. Case No.309/2014, pending before the learned 1st Additional Sessions Judge, Muzaffarpur.

With the above observation, this application is, accordingly, disposed off.

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