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Patna High CourtCR. MISC./43756/2014rejected

Sanjeet Ram v. The State Of Bihar

2015-05-07Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43756 of 2014 Arising Out of PS.Case No. -123 Year- 2014 Thana -AMDABAD District- KATIHAR ====================================================== Sanjeet Ram Son of Chander Ravidas Resident of Kurti Tola, P.S.- Amdabad, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Helal Ahmad For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 07-05-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under Section 376/511 of the Indian Penal Code and that the solitary defence of the petitioner that the informant had animosity against the petitioner because he had sought certain information under Right to Information Act cannot cut any ice on the gist of the allegation wherein the informant, a lady, has come out to depict an attempt of rape made on her. The petitioner is a P.D.S. dealer and in fact is also accused in another criminal case being Amdabad P.S. Case No. 25 of 2014 which of-course was not filed by the informant of this case. In that case there is also an allegation against the petitioner of assaulting the maternal grandfather of the informant with sword on his leg.

Patna High Court Cr.Misc. No.43756 of 2014 (3) dt.07-05-2015 Thus, this Court, taking into account the nature of seriousness of the allegation as also the criminal antecedent of the petitioner, is not inclined to grant privilege of anticipatory bail to the petitioner.

It is, however, made clear that if the petitioner surrenders and makes a prayer for grant of regular bail, the same shall be considered on its own merit.

(Mihir Kumar Jha, J) Rishi/- U T