Ratan Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.11201 of 2015 (2) dt.20-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11201 of 2015 Arising Out of PS.Case No. -77 Year- 2014 Thana -MAHILA P.S. District- BHAGALPUR ======================================================

1. Ratan Kumar Yadav Son of Sri Suresh Yadav Resident of Village - Karela, Nayatola, P.S. Madhusudanpur, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-03-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Bhagalpur Mahila P.S. Case No. 77 of 2014 registered under Sections-475, 506, 307/34 of the Indian Penal Code. There is allegation against the petitioner that he along with others entered the house of the informant and put a rope around the neck and started to pull the same with intent to kill her but the informant raised alarm which attracted the in-mates of the house and after that, the petitioner and his associates fled away. The reason behind alleged occurrence is said to be institution of case against the petitioner by the informant. The contention on behalf of the petitioner is that no

Patna High Court Cr.Misc. No.11201 of 2015 (2) dt.20-03-2015 such occurrence, as alleged by the informant took place and as a matter of fact, when the petitioner got bail in Nathnagar (Madusudanpur) P.S. Case No. 108 of 2014, the informant lodged this false case against the petitioner but the impugned order of learned Sessions Judge reveals that some injuries were found on the person of informant and the presence of injuries on the person of informant, prima facie corroborates the allegation levelled against the petitioner.

Regard being had to the facts and circumstances of the case as well as submission of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner and, accordingly, his prayer for anticipatory bail in connection with Bhagalpur Mahila P.S. Case No. 77 of 2014 stands rejected. However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T