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Patna High CourtCR. MISC./17241/2017rejected

Guddu Malakar v. The State Of Bihar

2017-04-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17241 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -TIKAPATTI District- PURNIA ======================================================

1. Guddu Malakar son of Ram Prasad Malakar resident of village - Bhangha, P.S. Falka (Pothiya), District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-04-2017 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 and 511/34 of the Indian Penal Code.

Allegation against the petitioner is that he entered into the house of the informant and attempted to commit rape. Submission is that the informant has filed compromise petition before the learned court below that no such occurrence has taken place.

Considering the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner in connection with Tikapatti Police Station Case No. 11 of 2017 pending in the Court of learned Judicial Magistrate 1st Class, Purnia/successor Court.

Patna High Court Cr.Misc. No.17241 of 2017 (2) dt.13-04-2017 2/2 Hence, prayer for bail is rejected.

However, this order would not prejudice in the event of surrender of the petitioner.

(Birendra Kumar, J) Kundan/- U T