Pankaj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16527 of 2016 Arising Out of PS.Case No. -373 Year- 2015 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Pankaj Kumar Son of Jhalakdev Yadav R/o Village-Simra Jamsaid, P.S.- Rafiganj, District-Aurangabad (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Urmila Devi Wife of Rajendra Yadav R/O Village-Simra Jamsaid, P.S.- Rafiganj, District-Aurangabad (Bihar).

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

For the Petitioner/s : Mr. Lal Bahadur Singh, Adv. For the Opposite Party/s : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2016 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 373/2015, registered for the offences punishable under Sections 323, 354 of the Indian Penal Code.

The complainant made specific allegation against the petitioner that he entered into her house and made attempt to outrage her modesty.

It is submitted that the petitioner and the complainant are neighbours and gotiyas and there is land dispute between them. The petitioner has got no motive. There is no eye-witness of the occurrence. He has falsely been implicated in this case and

Patna High Court Cr.Misc. No.16527 of 2016 (2) dt.12-05-2016 2/2 summon has also been issued against him.

Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in Complaint Case No. 373/2015, pending in the Court of learned Chief Judicial Magistrate Ist Class, Aurangabad. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T