Patna High CourtCR. MISC./34098/2013rejected

Kari Sah v. The State Of Bihar

2013-12-24Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34098 of 2013 ====================================================== Kari Sah S/O Late Bhagwat Sah Resident Of Village- Telwa, P.S.- Jalai, District- Saharsa.

.... .... Petitioner/s

Versus

The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 24-12-2013 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

The petitioner prays for anticipatory bail in a case under Section 376 and 511 of the Indian Penal Code. Learned counsel for the petitioner submits that a totally false allegation of attempt to rape has been made against the petitioner whereas the actual occurrence which took place was that the petitioner had tried to stop the informant from cutting maize including the grass from his field upon which a Panchayati was called in the evening in which the petitioner was directed to pay Rs. 50,000/- and on his failure to do so the false case of attempt to rape has been filed against him.

It is further submitted that the stand of the petitioner is supported by as many as three co-villagers and further that the

Patna High Court Cr.Misc. No.34098 of 2013 (3) dt.24-12-2013 2/2 petitioner has no criminal history.

Learned Additional Public Prosecutor and learned counsel for the informant, on the other hand, submit that the allegation against the petitioner is of serious nature and has been supported by several witnesses including the husband and fatherin-law of the informant. It is submitted that there has been bad blood between the family members of the petitioner and of the informant for which also a proceeding under Section 107 Cr. P.C. had been initiated many years earlier.

On a consideration of the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is, accordingly, rejected. However, in case the petitioner surrenders and prays for bail in the court below then rejection of his anticipatory bail shall not be taken adversely against the petitioner and his prayer should be considered on its own merits.

(Ramesh Kumar Datta, J) S.Pandey/-