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Patna High CourtCR. MISC./20019/2016disposed

Shushil Choupal v. The State Of Bihar

2016-05-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20019 of 2016 Arising Out of PS.Case No. -286 Year- 2012 Thana -BISFI District- MADHUBANI ======================================================

1. Shushil Choupal Son of Sogarath choupal Resident of Village- Noor Chouk, PS Bisfi, District Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Ram Shankar Das(Spl.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 sections 341,354 and 504/34 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The prosecution case is that for the petty dispute the accused persons abused the informant and made assault. It is submitted by the learned counsel for the petitioner that even assuming the accusation, no case under section 354 IPC is made out. It is further submitted that for the occurrence of 29.9.2012 the FIR was registered on 1.10.2012.

Patna High Court Cr.Misc. No.20019 of 2016 (2) dt.05-05-2016 2/2 This court is not inclined to interfere in the matter since the FIR was registered in 2012 when the anticipatory bail application has been filed in 2016. However, keeping in view the nature of accusation, it is a case for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Bisfi P.S. Case No. 286 of 2012 pending in the court of learned JM Ist Class, Madhubani.

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

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