Patna High CourtCR. MISC./11616/2015rejected

Ram Narayan Ram v. The State Of Bihar

2015-03-27Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11616 of 2015 (2) dt.27-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11616 of 2015 Arising Out of PS.Case No. -16 Year- 2014 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Ram Narayan Ram Son of Late Sitaram Ram Resident of villageBadhupar, P.S.- Mohania, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 27.03.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner happens to be father of the informant and there is accusation against him that he attempted to outrage modesty of informant's wife and when she made protest, petitioner set the house on fire.

The contention on behalf of the petitioner is that no such occurrence, as alleged in the first information report, had ever taken place and, as a matter of fact, informant lodged this false case due to family feud but later on, when he realized his mistake, he entered into compromise which has been annexed with this petition as annexure 2. Considering the facts and circumstances as well as submissions of the parties, I do not feel it proper to extend the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Mohania P.S. Case no.

Patna High Court Cr.Misc. No.11616 of 2015 (2) dt.27-03-2015 16/2014 pending in the court of the Chief Judicial Magistrate, Kaimur at Bhabua stands rejected.

However, if the petitioner surrenders and seeks regular bail within four weeks from today, the concerned court shall consider regular bail application of the petitioner on its own merit without being prejudiced by this rejection order, particularly, keeping in mind the relation of the petitioner with informant as well as fact of the compromise.

shahid (Hemant Kumar Srivastava,J) U T