← Library
Patna High CourtCR. MISC./2802/2019rejected

Md. Afsar Alam @ Afsar Alam v. The State Of Bihar

2019-01-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2802 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- BALRAMPUR District- Katihar ====================================================== Md. Afsar Alam @ Afsar Alam aged about 25 years(Male), son of Alauddin Resident of Village- Alamganj, P.S.- Balrampur, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Prasad Sah @ Baranwal For the Opposite Party/s :

Mr.Yogendra Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2019 Heard both sides.

The petitioner apprehends his arrest in Balrampur P.S. Case No.164 of 2018 registered under Sections 354 and other Sections of the Indian Penal Code.

The informant alleged that the petitioner used to call his wife on her mobile and threatened her of dire consequences, if she did not have talk with him. The informant further alleged that petitioner caught her wife and tried to outrage her modesty but many people came there and saved her.

The learned counsel for the petitioner submits that the entire allegation is false and concocted. The Mukhiya of Gram Panchayat gave application that no such occurrence as alleged by the informant has taken place but it appears from perusal of the F.I.R. itself that the petitioner called the wife of the

Patna High Court Cr.Misc. No.2802 of 2019(2) dt.22-01-2019 2/2 informant on many times in order to have relation with her and when she came out from her house with her children, the petitioner caught her hand and tried to outrage her modesty. Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Saurabh/- U T