Patna High CourtCR. MISC./22831/2015dismissed

Gorelal Rajbanshi v. The State Of Bihar

2015-09-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22831 of 2015 Arising Out of PS.Case No. -55 Year- 2015 Thana -RAJAULI District- NAWADA ======================================================

1. Gorelal Rajbanshi s/o Jagdish Rajbanshi r/o Vill- Khanpura, P.S.- Rajauli, Dist- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 376, 511, 457, 341, 323 and 326 of the Indian Penal Code.

The informant has alleged that on 23.3.2015 at about 11 P.M. in the night, the petitioner entered into her house and started scuffle with her and also began to tore her cloth. On hulla, he fled away. It is further alleged that on hulla her Dewar caught him but the accused assaulted him on his eye brow and also bite the right thumb with his teeth and ran away.

On behalf of the petitioner, it has been submitted that the petitioner has got no criminal antecedent and he has been falsely implicated in the present case. It is further submitted that

Patna High Court Cr.Misc. No.22831 of 2015 (4) dt.02-09-2015 2/2 there is no direct allegation of rape against the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the facts aforesaid, I am not inclined to grant anticipatory bail to the petitioner, who is accused in Rajauli P.S.Case No. 55 of 2015 pending in the Court of learned C.J.M., Nawada.

Any how, if the petitioner surrenders in the court within a period of four weeks and pray for regular bail, same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sudhir Singh, J) singh/- U T