Fulo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1098 of 2017 Arising Out of PS.Case No. -93 Year- 2016 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Fulo Kumar, Son of Shiv Narain Sah, resident of Village - Meshharu, Police Station - Mahesi, District - Saharsa.

.... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Supaul (Mahila) P.S. Case No. 93 of 2016, registered for the offences punishable under Sections 354A, 354 of the Indian Penal Code.

Allegedly, the petitioner being teacher of Radha Swami Coaching Centre, always used to press the leg of the informant with ulterior motive at the time of coaching and on 15.09.2016 at 5:30 P.M. when she went there for coaching the petitioner declared leave to other girls and tried to outrage the modesty of this informant by putting his leg on her thigh. The informant thereafter fled away from there and narrated the entire

Patna High Court Cr.Misc. No.1098 of 2017 (3) dt.04-02-2017 2/2 episode to her mother and then the case was lodged. Submission is of false implication and that F.I.R. has been lodged after delay, the informant has planted this false case only due to enmity. The police has given privilege of Section 41(1) of Cr.P.C. and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected, in connection with Supaul (Mahila) P.S. Case No. 93 of 2016, pending in the Court of learned S.D.J.M., Supaul.

(Jitendra Mohan Sharma, J.) Rajiv/- U T