Rakesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17153 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Rakesh Ram son of Munshi Ram resident of village Khajura p.s. Durgawati District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Md. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-06-2015 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Durgawati P.S. Case No. 35/2015registered under Sections 452, 354(A) of the Indian Penal Code.

The accusation is that while the informant was alone in her house in the afternoon, the petitioner scaled the wall of the house and forcibly pinned her down and tried to outrage her modesty. When she raised alarm, the neighbours came and the petitioner fled away.

Learned counsel for the petitioner submits that the petitioner is having clean antecedent and has falsely been

Patna High Court Cr.Misc. No.17153 of 2015 (2) dt.03-06-2015 P2/2 implicated in this case due to dirty village politics and establishing the statues of Rabidas jee. He further submits that the date of occurrence is 02.03.2015 and the First Information Report has been lodged 05.03.2015 i.e., after three days. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected.

The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Saif/- U T