Birendra Thakur And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17895 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Birendra Thakur Son of Madan Thakur

2. Dharmendra Thakur@ Dharmendar Thakur Son of Madan Thakur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Mr. B.M.P.Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341, 323, 325, 307, 379, 452, 354B, 506/34 of the Indian Penal Code. Prosecution case is that on 30.01.2016 while the informant was sleeping in her room along with her daughter namely Binita Kumari she heard sound of opening the door. In the meantime the petitioners and other accused persons caught the informant and started outraging her modesty. On protest being made, the petitioner no.1 Birendra Thakur pushed the informant on the ground by catching hold her hair and Dharmendra Thakur petitioner no.2 tore blouse of the informant

Patna High Court Cr.Misc. No.17895 of 2016 (3) dt.05-05-2016 2/2 when daughter of the informant came to rescue her then coaccused Madan Thakur and petitioiner no.1 started assaulting the informant, as a result she received fracture injuries. It is further alleged that petitioner no.1 Birendra Thakur snatched gold chain worth Rs.18,000/- and threatened not to inform anyone about the incident.

It is submitted by learned counsel for the petitioners that a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

The aforesaid fact constitutes ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Motihari Muffasil P.S. Case No.51/2016, pending before the learned CJM, East Champaran at Motihari.

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

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