Patna High CourtCR. MISC./8047/2015dismissed

Akmal Hussain v. The State Of Bihar

2015-03-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8047 of 2015 Arising Out of PS.Case No. -86 Year- 2014 Thana -KORHA District- KATIHAR ======================================================

1. Akmal Hussain S/o Mastan R/o Tingharia Nakkipur, P.S. Korha, District Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Jitendra Kr.Roy 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.

The petitioner apprehends his arrest in Korha P.S. Case No. 86 of 2014, registered for the offences punishable under Section 354 and other Sections of the Indian Penal Code. The informant made allegation against the petitioner that he entered into her house finding her alone and made at attempt to outrage her modesty. The petitioner also assaulted her. Learned counsel for the petitioner submits that the petitioner is maternal brother of the husband of the informant. The injuries are simple in nature. The petitioner is residing by the side of the informant.

Considering the facts aforesaid and the fact that the informant has made very specific allegation against the petitioner

Patna High Court Cr.Misc. No.8047 of 2015 (3) dt.04-03-2015 2/2 that he entered into her house with an intention to outrage her modesty, hence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order and taking into consideration that the petitioner is brother-in-law (Dewar) of the informant. (Prabhat Kumar Jha, J.) KKSINHA/- U T