Patna High CourtCR. MISC./10818/2016rejected

Ranjan Kumar Giri @ Ranjan Giri And ANR. v. The State Of Bihar

2016-06-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10818 of 2016 Arising Out of PS.Case No. -26 Year- 2015 Thana -MAHILA P.S. District- SHEOHAR ======================================================

1. Ranjan Kumar Giri @ Ranjan Giri, son of Nand Lal Giri.

2. Deepak Kumar, son of Sanjay Kumar.

Both residents of Village Kothiya, P.S. Sheohar, Dist. Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Das No.- 2 For the Opposite Party/s : Mr. Harendra Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2016 Heard both sides.

The petitioners apprehend their arrest in connection with Sheohar Mahila P.S. Case No. 26 of 2015 registered for offences punishable under Sections 354(A), 323, 448/34 of the Indian Penal Code and Section 8 of the POCSO Act.

The mother of the victim girl made an allegation that the petitioners entered into the house of the Informant and attempted to outrage the modesty of her daughter, namely, Puja Kumari and also assaulted the Informant.

Learned counsel for the petitioners has submitted that the occurrence took place on 8.11.2015 and the First Information Report was lodged on 12.12.2015 i.e. after more than a month from the date of occurrence. The victim girl made her statement under Section 164 of the Code of Criminal Procedure and narrated

Patna High Court Cr.Misc. No.10818 of 2016 (4) dt.20-06-2016 the story. She did not speak about assault made on her. Considering the facts aforesaid and the fact that the petitioners are alleged to have entered into the house of the Informant and tried to outrage the modesty of the daughter of the Informant who also supported the allegation made against the petitioners, I am not inclined to enlarge the petitioners, above named, on anticipatory bail in Sheohar Mahila P.S. Case No. 26 of 2015.

Accordingly, the prayer for anticipatory bail of the petitioners, namely, Ranjan Kumar Giri @ Ranjan Giri and Deepak Kumar above named, is rejected.

(Prabhat Kumar Jha, J) Rishi/- U T