Ram Ashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17697 of 2017 Arising Out of PS.Case No. -221 Year- 2016 Thana -DIDARGANJ District- PATNA ======================================================

1. Ram Ashish Yadav, aged about 54 years, S/o Late Jagat Yadav, resident of Mohmadpur, P.S.-Didarganj, Dist- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tilak Sao, Advocate For the Opposite Party/s : Mr. Sri Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Didarganj P.S. Case No. 221 of 2016, registered for offences punishable under Sections 341, 448, 354(A), 354(B), 354 (D), 307, 504, 509 and 34 of the Indian Penal Code. The allegation against the petitioner is that he has outraged the modesty of the informant and further that he along with other co-accused assaulted the informant. It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case. There is land dispute for which a Title Suit is pending between the parties. It has also been submitted that the witnesses have not supported the allegation of outraging the modesty and one co-accused has

Patna High Court Cr.Misc. No.17697 of 2017 (2) dt.21-04-2017 2/2 been granted anticipatory bail by this Court vide Annexure-2. Heard learned A.P.P. also who opposes the prayer for anticipatory bail stating that there is specific allegation against the petitioner.

Having heard both sides and in view of the fact that there is specific allegation against the petitioner regarding outraging the modesty of the informant, I am not inclined to grant anticipatory bail to the petitioner. Rather, the petitioner should surrender before the learned court below and make prayer for regular bail which will be considered by the learned court below on its own merits without being prejudiced by the order of this Court.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) S.Pandey/- U T