Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11163 of 2017 Arising Out of PS.Case No. -57 Year- 2016 Thana -MAHILA P.S. District- SAHARSA ====================================================== Guddu Kumar, son of Natho Sawarnkar, resident of village- Baijnathpur, Ward No.2, P.S.- Sour Bazar, District- Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2017 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. Case No. 57 of 2016 registered for the offences punishable under sections 448, 376, 511, 506, 323, 34 of the Indian Penal Code. The informant alleged that on 14.06.2016 in the night, the petitioner entered into her house and made an attempt to outrage her modesty.

Learned counsel for the petitioner submits that the occurrence took place on 14.06.2016, but the First Information Report was lodged after one month of the occurrence. The informant did not explain the delay in lodging the First Information Report. The petitioner is next door neighbour of the informant and on account of land dispute, the present case has

Patna High Court Cr.Misc. No.11163 of 2017 (3) dt.24-04-2017 2/2 been lodged, but good sense prevails and the informant has compromised the case. The compromise petition has also been filed.

On perusal of the First Information Report it appears that the informant, of course, lodged the F.I.R. after one month of the occurrence, but she made allegation of an attempt to outrage her modesty.

Considering the facts, circumstances and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail and the same is dismissed.

If the petitioner surrenders in the court below, the court below shall consider the case of the petitioner for regular bail taking into consideration that the case has been compromised and dispose of the bail application, if possible, preferably, on the same day.

(Prabhat Kumar Jha, J) Mahesh/- U T