Kailash Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36771 of 2015 Arising Out of PS.Case No. -150 Year- 2015 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================
1. Kailash Mahto Son of Late Sheo Pujan Mahto resident of village - Raipur Chore, P.S. Baddi ( Sheosagar ), District - Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 457, 380, 376, 511 of the Indian Penal Code.
The prosecution case is that on 14.06.2015 the petitioner entered into the house of the informant and tried to outrage the modesty and when brother-in-law and sister-inlaw of the informant came to rescue then this petitioner escaped from the scene when cash of rupees thirty thousand and jewellary were found missing.
It is submitted by learned counsel for the petitioner that for the occurrence of 14.06.2015 the First Information Report was registered on 15.06.2015 but the same reached to the learned Court below on 18.06.2015 which
Patna High Court Cr.Misc. No.36771 of 2015 (2) dt.15-09-2015 2/2 suggests that F.I.R was lodged by anti-dating. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The delayed reaching of the F.I.R. to the learned Court below and the petitioner having no criminal antecedent constitute grounds for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Sheosagar(Baddi) P.S. Case No. 150 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Sasaram, Rohtas.
With the observations above, the application stands disposed off.
(Dinesh Kumar Singh, J) Shageer/- U T