Patna High CourtCR. MISC./22637/2016rejected

Durgesh Dubey v. The State Of Bihar

2016-08-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22637 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -KHAGAUL District- PATNA ====================================================== Durgesh Dubey Son of Murlidhar Dubey Resident of Mohalla- Vikash Vihar Colony, Uffarpura, Bagicha, PS Rupaspur, District Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-08-2016 Heard both sides.

The petitioner apprehends his arrest in Khagaul P.S. Case No. 20/2016, registered for the offences punishable under Sections 354A, 341, 323, 504 and 34 of the Indian Penal Code and 10 and 12 of the POCSO Act.

The informant alleged that on 23.01.2016 the petitioner stopped his daughter and when the informant went to complain, the brother and family members of the petitioner abused him. Learned Counsel for the petitioner submits that the occurrence took place on 23.01.2016, but the FIR was lodged on 27.01.2016. It is submitted that there was settlement, but later on the family members of both sides did not agree for settlement.

Patna High Court Cr.Misc. No.22637 of 2016 (3) dt.31-08-2016 2/2 It appears from the statement of the victim that the petitioner was always staking and eve-teasing the victim and also threatening her for tarnishing her image on face book. Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. The petitioner, 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 his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Rakhi U T