Rishideo Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38174 of 2015 Arising Out of PS.Case No. -162 Year- 2014 Thana -ALOULI District- KHAGARIA ======================================================
1. Rishideo Singh, son of Kulo Singh, resident of Village- Mohraghat Paras, P.S.- Alauli, District- Khagaria
2. Rajaram Rai, son of Brahamdeo Rai, resident of village- Bhindua, P.SKusheswar, District- Darbhanga. At present residing at Village- Mohraghat Paraas, P.S.- Alauli, District- Khagaria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Aditya Narayan Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-09-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 376/511 of the Indian Penal Code.
It is alleged that the petitioners made an attempt to ravish the informant on 16.05.2014 at 4 AM when the informant went to outside to ease.
It is submitted by learned counsel for the petitioners that the complaint was filed on 16.05.2014 itself but it appears that the stamp for filing the complaint was purchased on 15.05.2015, a day prior to the date of occurrence and filing of the
Patna High Court Cr.Misc. No.38174 of 2015 (3) dt.29-09-2015 2/3 complaint. The certified copy of the complaint petition has been brought on record which reflects that the last page of the complaint was initially signed on 15.05.2015 which has subsequently been corrected as 16.05.2015.
Though, consequently the complaint case came to be registered as a police case after being transferred under Section 156(3) Cr. P.C. on 10.07.2014 where the date of occurrence has been mentioned as 16.04.2014 which appears to be absolutely wrong. It is further submitted that the petitioners' side filed Complaint Case No. 634C of 2014 on 05.06.2014 which came to be registered as a police case being Alauli P.S. Case No. 299 of 2014 on 01.12.2014. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.
Considering the case lodged by the petitioners' side at earlier point of time and interpolations with regard to filing of complaint which clouds the bona fide of the accusation, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Khagaria in connection with Alauli P.S. Case No.
Patna High Court Cr.Misc. No.38174 of 2015 (3) dt.29-09-2015 3/3 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T