Bittu Singh @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15748 of 2016 Arising out of PS.Case No. -45 Year- 2015 Thana -MAHILA P.S. District- PATNA ====================================================== Bittu Singh @ Bittu Kumar, Son of Nitya Nand, Mohalla - Mahendru in the Gali of the back of the post office and in front of Shivam Medical Hall, P.S.-Sultanganj, Dist.-Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kumar Sinha, Advocate. For the Opposite Party : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 45 of 2015, G.R. No. 6920 of 2015 for the offences instituted under Sections 354 and 506 of the IPC. The prosecution story, in brief, is that the informant, namely, Annu Kumari, who is a student of Class-Xth, has been residing at Bakarganj, Gola Road, Patna, and she was working in the showroom of Saloni Jockey, apart from her study where this petitioner used to come in the said showroom for purchasing articles by which her introduction was made with him. This petitioner wanted to make conversation with her but the informant

Patna High Court Cr.Misc. No.15748 of 2016 (2) dt.18-05-2016 2/2 was not intended to make any conversation because he was already married person. It is further alleged that the petitioner gave threatening one month prior to the occurrence and when she used to go for coaching then he misbehaved with her near Krishna Temple, Dariyapur, Patna, and when protest was made by her then she was given threatening to kill her brother and also threatened to marry with him. He also disturbed her on telephone and threatened for solemnization of marriage.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has been made accused in the present case due to mistake of fact. The offence under Section 354 IPC is not made out against the petitioner. On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and he has been misbehaving with the informant who is a student of Class-Xth.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in Mahila P.S. Case No. 45/2015, G.R. No. 6920 of 2015, pending in the court of the learned J.M. Ist Class, Patna. U.K./- (Sudhir Singh, J) U T