Patna High CourtCR. MISC./28098/2015dismissed

Md. Zakir And ANR v. State Of Bihar And ANR

2015-07-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28098 of 2015 Arising Out of PS.Case No. -155 Year- 2014 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ======================================================

1. Md. Zakir son of Md. Fulo, Resident of Village- Lilhaul, P.S.- Singhiya, District- Samastipur (Bihar)

2. Md. Sakoor Son of Md. Majilis Resident of Village- Lagma, P.S.- Sakatpur, District- Darbhanga (Bihar) .... .... Petitioners

Versus

1. The State of Bihar

2. Usha Devi wife of Ram Awatar Safi Resident of village- Balha, P.S.- Birauli, District- Darbhanga (Bihar) .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Vinay Kumar Mishra, Advocate.

For the Opposite Parties : Mr. Dr.Kumar Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2015 Heard both sides.

The petitioners apprehend their arrest in Complaint Case No. 155 of 2014, registered for the offences punishable under Section 354 and other Sections of the Indian Penal Code. The petitioners are alleged to have given lift to the complainant to drop her at village Madhopur, but on way both the petitioners tried to outrage her modesty.

It is submitted that daughter of petitioner no. 1 is married in village Nawdega and at the instance of son-in-law of petitioner no. 1 and others the complainant filed this case. There appears that the complainant is not at all related

Patna High Court Cr.Misc. No.28098 of 2015 (2) dt.24-07-2015 2/2 to family of son-in-law of petitioner no. 1, but it is stated that the witnesses are relative of the son-in-law of the petitioner no. 1. Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioners, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and their prayer shall be considered on its own merit without being prejudiced by this order.

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