Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2507 of 2019 Arising Out of PS. Case No.-445 Year-2018 Thana- MANER District- Patna ====================================================== Umesh Rai son of Nabhu Rai, village-Haldi Chhapra Saat Aana, PO-Dudhaila PS Maner, District Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar For the Opposite Party/s :

Mr. Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Maner Police Station Case No. 445 of 2018 registered for offences punishable under sections 341, 323, 376, 511, 379, 504 and 506 of the Indian Penal Code. Allegation has been made that when the victim lady had gone for a natural call at 4:00 a.m. on 02.09.2018, the present petitioner caught and tried to outrage her modesty. When she had started crying, in the meantime, her husband reached there and saved her.

The learned counsel for the petitioner submits that the victim's husband had taken loan of Rs.40,000/- from the widow bhabhi of the petitioner and he was not returning the

Patna High Court Cr.Misc. No.2507 of 2019(2) dt.21-01-2019 2/2 same to settle the score of money transaction and when the money was demanded, the present case has been lodged with false and frivolous allegation.

Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders, the court below without being prejudiced by the order of this Court, will take decision in accordance with law.

(Shivaji Pandey, J) mkchy/- U T