Kailash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20010 of 2016 Arising Out of PS.Case No. -203 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Kailash Mahto S/o Ram Chandra Mahto Resident of Village Paharpur PS Bibhutipur District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amitabh Bhardwaj For the Opposite Party/s : Mr. Uma Shankar Pd. Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 341, 323, 354, 379/504 of the Indian Penal Code.

The prosecution case is that on 01.10.2015 at 11 A.M. the informant along with her mother went to cut grass. In the meantime, the petitioner came and asked the informant to come in his field and when she refused the petitioner caught her arm. On protest being made, the petitioner pushed her on the ground and tried to ravish her. It is further alleged that the petitioner assaulted the informant with knife on her head.

It is submitted by the learned counsel for the petitioner that the informant received one lacerated wound of marginal size

Patna High Court Cr.Misc. No.20010 of 2016 (2) dt.05-05-2016 2/2 and other is swelling over back. The injuries are simple in nature caused by hard and blunt substance. Statement has been in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering that the accusation being not corroborated by the medical opinion, let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Bibhutipur P.S. case No. 203 of 2015 pending in the court of learned A.C.J.M.-III, Rosera, Samastipur.

This application is disposed of with the aforesaid observation/direction.

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