Pappu Rai v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2734 of 2019 Arising Out of PS. Case No.-1206 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Pappu Rai, son of Shyam Babu Rai, Resident of Village-Suga Pipar, P.S.- Patahi, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nitu Devi, wife of Sandip Mandal, Resident of Village- Suga Pipar, P.S.- Patahi, District- East Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshuman Singh, Advocate Mr.Rakesh Kumar No.1, Advocate Mr. Madhav Jha, Advocate For the State :
Mr. M.K. Nirala, A.P.P.
For the Informant :
Mr. P.N. Shahi, Senior Advocate Mr. Sanjeet Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No.1206 of 2018 (Trial No.144/2018), registered for the offence punishable under Sections 323, 447, 34, 354 (B) of the Indian Penal Code. Allegation has been made that the petitioner entered into house of the complainant, tored her blouse and tried to commit rape upon her. On cry, her mother-in-law and Nanad came there and tried to disentangle the petitioner but they did not succeed then she brought a knife from the kitchen and threw
Patna High Court Cr.Misc. No.2734 of 2019(3) dt.19-02-2019 2/2 towards the petitioner, resultantly the private part of the petitioner was cut off and blood was oozing out. Learned counsel for the petitioner submits that he is a neighbour and co-villager. There is a land dispute between the parties. This case has been lodged for defaming the petitioner in his society.
Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected.
However, if the petitioner surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court. (Shivaji Pandey, J) V.K.Pandey/- U T