Patna High CourtCR. MISC./48212/2014rejected

Nathuni Ansari v. The State Of Bihar

2015-03-03Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48212 of 2014 Arising Out of PS.Case No. -281 Year- 2014 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Nathuni Ansari Son of Jainul Ansari resident of village- Boari Dih, Gaighat, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-03-2015 Heard Counsel for the petitioner and the State. Petitioner was made accused under Section 376/511 of the Indian Penal Code. It is, however, stated that charge-sheet has been made under Section 354 IPC.

The victim is a girl aged about 22 years. The petitioner on finding her alone made an attempt to commit rape on her. On hulla, the witnesses arrived which prevented her from being subjected to rape.

Contention of the petitioner is that due to a dispute over illegal/forceful use of land, a protest was made. Enraged thereby, the present case has been lodged. The charge-sheet has been filed under Section 354 IPC. The petitioner is in custody since 3.9.2014.

Patna High Court Cr.Misc. No.48212 of 2014 (2) dt.03-03-2015 Learned APP, on the other hand, submits that the manner in which the petitioner made attempt to commit rape on her is manifest from bare reading of the F.I.R. Taking into consideration the submission of the parties and the facts revealing from the record, this Court, for the present, is not inclined to release the petitioner on bail. Prayer is, accordingly, refused. The petitioner, however, is granted liberty to renew prayer for bail after six months from the date of receipt/communication of this order in the Court below if no substantial progress in the case is made in the meanwhile.

(Kishore Kumar Mandal, J) Pankaj/- U T