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Patna High Court - Orders

Pradeep Sahani & Anr vs The State Of Bihar on 20 January, 2016

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.3115 of 2016
                      Arising Out of PS.Case No. -150 Year- 2011 Thana -HARIZAN District- BEGUSARAI
                 ======================================================
                 1. Pradeep Sahani Son of Late Ram Charitra Sahani
                 2. Prashant Kumar @ Nikku Boss Son of Pradeep Sahani
                    Both Resident of village - Ranko Dih, P.S. Muffasil, District - Khagaria

                                                                                .... ....   Petitioner/s
                                                        Versus
                 1. The State of Bihar

                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Mrityunjay Kumar, Advocate
                 For the Opposite Party/s   : Mr. Ambika Bhagat(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
                 SINGH
                 ORAL ORDER

2   20-01-2016

Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 504, 379/34 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.

It is alleged that the informant went to ease out then accused persons abused her by calling caste name. On the order of petitioner no. 1 Pradeep Sahani, petitioner no. 2 Prashant Kumar @ Nikku Boss pushed her down and started to pull her sari, whereas co-accused Fulo sahni and Kiran Kumar caught hold her and pressed her mouth and Kiran Kumar snatched her ear ring of the informant.

It is submitted by the learned counsel for the Patna High Court Cr.Misc. No.3115 of 2016 (2) dt.20-01-2016 2 petitioners that for the occurrence of 15.10.2011 the First Information Report was registered on 25.10.2011. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Though the co-accused have been granted anticipatory bail by this Court, but this fact was not brought on record on the relevant time that the investigation has already concluded and charge-sheet has not been submitted.

Under the circumstances, this is a case for consideration of prayer for regular bail, let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with S.C./S.T. P.S. Case No. 150 of 2011, pending in the court of learned Sri B. Kumar, J.M., Ist Class, Khagaria.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./-

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