← Library
Patna High CourtCR. MISC./11379/2016rejected

Rampukar Jha v. The State Of Bihar

2016-05-23Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11379 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rampukar Jha son of Lalbabu Jha, Vill/P.O. Mdhuahavat, P.S. Rajepur, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Amit Kumar Rakesh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-05-2016 Heard the counsel for the petitioner and Mr. Dayal, the APP for the State.

The petitioner is an accused of Rajepur P.S. Case No. 63 of 2015 registered under section 354-B IPC. While the girl was in the field, it is alleged, the petitioner caught hold of her and tried to sexually assault her. On protest, she was thrown on the ground and beaten by the petitioner.

The contention is that the mother of the petitioner has also lodged a case against the present informant vide Annexure-1. The allegation is concocted one with a view to put pressure on the accused.

Learned APP, on the other hand, submits that not only the allegation is direct against the petitioner but the victim girl also

Patna High Court Cr.Misc. No.11379 of 2016 (3) dt.23-05-2016 2/2 received injury on her person as found by the doctor. Considering the nature of the allegation and material collected in course of investigation, I am not persuaded to extend the privilege of anticipatory bail to the petitioner. The prayer is rejected. In case the petitioner applies for regular bail, the same shall be considered on its own merit unprejudiced by the present order.

(Kishore Kumar Mandal, J) HR/- U T