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Patna High CourtCR. MISC./4444/2019rejected

Sheonath Paswan v. The State Of Bihar And ANR

2019-01-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4444 of 2019 Arising Out of PS. Case No.-969 Year-2017 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Sheonath Paswan, aged about 44 years, Male, son of Singeshwar Paswan, Resident of Village- Malikpur, P.S.- Goraul, District - Vaishali ... ... Petitioner/s

Versus

1. The State of Bihar

2. Munni Devi, wife of Mithilesh Kumar Singh, Resident of Village - Malikpura, P.S.- Goraul, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376, 511 and 307 of the Indian Penal Code.

Though the specific allegation of commission of rape is against co-accused Ram Nath Paswan, however, allegation against the petitioner is that he was in help of Ram Nath Paswan. There is counter case also bearing Goraul P.S. Case No. 84 of 2017 with identical allegation of sexual harassment to the daughter of the uncle of the petitioner.

Considering the nature, in my view, this is not a fit case for grant of anticipatory bail in connection with Vaishali

Patna High Court Cr.Misc. No.4444 of 2019(2) dt.28-01-2019 2/2 Complaint Case No. 969 of 2017 pending in the court of learned Chief Judicial Magistrate, Vaishali.

Hence, prayer for anticipatory bail is refused. Petitioner may renew his prayer for regular bail before the court below which shall be disposed of without being prejudiced by this order.

(Birendra Kumar, J) Kundan/Rajan U T