Kamlesh Prasad @ Kamlesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21285 of 2017 Arising Out of PS.Case No. -316 Year- 2014 Thana -KANKARBAGH District- PATNA ====================================================== Kamlesh Prasad @ Kamlesh Ram Son of Late Hajari Ram, Resident of New Mani Chak, Masauri, P.S.- Masauri, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kaushal Kishore For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Kankarbag P.S. Case No. 316 of 2014 for the offences instituted under Sections 323, 341, 379, 376 and 504/34 of the Indian Penal Code.

The allegation against the petitioner is that by taking advantage of his superior position, sexually exploited the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The

Patna High Court Cr.Misc. No.21285 of 2017 (2) dt.22-05-2017 2/2 earlier anticipatory bail application of the petitioner was rejected vide Annexure-1 to the present application. The present application has been preferred on the ground that the dispute has already been settled between the parties vide Annexure-3 to the present application.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the fact that earlier anticipatory bail of the petitioner has already been rejected on merit by this court, the same is rejected in connection with Kankarbag P.S. Case No. 316 of 2014, pending in the court of learned Chief Judicial Magistrate, Patna.

Anyhow if the petitioner surrenders in the court below within a period of six weeks from today, the Court below shall consider the ground of settlement arrived between the parties. With the aforesaid direction and observation, the present application is disposed of.

(Sudhir Singh, J) Amit/- U T