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Patna High CourtCR. MISC./9627/2020bail rejected

Manik Chandra Ram v. The State Of Bihar

2021-12-06Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9627 of 2020 Arising Out of PS. Case No.-47 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== MANIK CHANDRA RAM S/O Bateshwar Ram Resident of Village - Chauri, Ward No. 2, P.S. - Palasi, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-12-2021 Heard Mr. Gopal Kumar Jha, learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Araria (Mahila) P.S. Case No. 47 of 2019 dated 15.05.2019 instituted for the offences under Sections 376, 511 and 354(A) of the Indian Penal Code.

Though there is an accusation of attempt to rape against the petitioner but for an occurrence dated 08.05.2019, the report was lodged on 15.05.2019. The learned counsel for the petitioner has

Patna High Court CR. MISC. No.9627 of 2020(4) dt.06-12-2021 2/2 submitted that he had lodged a case against the prosecutrix and others earlier on 11.05.2019. Perhaps this is the reason for falsely implicating the petitioner. However, looking at the nature of accusation against the petitioner, I am not inclined to grant anticipatory bail to him.

Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail, the above noted facts shall be taken into account and an order shall be passed without being prejudiced by the fact that the present petition on behalf of the petitioner has not been entertained.

(Ashutosh Kumar, J) krishna/- U T