Patna High CourtCR. MISC./25004/2016disposed

Santosh Kumar Yadav @ Santosh Yadav v. The State Of Bihar

2016-06-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25004 of 2016 Arising Out of PS.Case No. -12 Year- 2012 Thana -BHANGWANPUR District- SIWAN ====================================================== SANTOSH KUMAR YADAV @ SANTOSH YADAV S/o Indrashan Yadav resident of village- Bherwania, P.S.- Bhagwanpur Hat, DistrictSiwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-06-2016 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under sections 294, 372, 373 of the Indian Penal Code and 3, 4, 5 of the I.T.Act. Prosecution case is that an information has been received by the informant that on the eve of Saraswati Pooja dance was being performed by the girls. Accordingly, raid was conducted and several girls were apprehended. It is alleged that they are engaged for dance by Rimjhim Arkestra and they have been sent to perform dance in the supervision of Radha Rai and Bindan Kumar. After being asked they disclosed that they came at the instance of Baban Singh and Santosh Kumar.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.25004 of 2016 (2) dt.20-06-2016 that the petitioner was not sent up for trial because the police has submitted final form finding the case to be not true. The petitioner was simply a member of the mob. A statement has been made in paragraph no.3 of the application that the petitioner has no criminal antecedent.

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 Bhagwanpur P.S.Case No. 12/2012 pending in the court of learned Chief Judicial Magistrate, Siwan.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) Surendra/- U