Nirmal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9085 of 2017 Arising Out of PS.Case No. -246 Year- 2016 Thana -ALOULI District- KHAGARIA ====================================================== Nirmal Kumar, S/o Rabindra Sah, Resident of Village- Larhi, P.S.- Allauli, District- Khagaria.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Allauli P.S. Case No. 246 of 2016 registered for the offences punishable under Sections 341, 323, 504, 506 and 377 of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, the petitioner committed un-natural offence with seven years aged son of the informant.

Submission is of false implication due to land dispute, prosecution story appears not probable and reliable, the petitioner has got no criminal antecedent and, as such, he deserves sympathetic consideration.

The learned A.P.P. seriously opposes the prayer of prearrest bail. In the facts and circumstances as stated above,

Patna High Court Cr.Misc. No.9085 of 2017 (2) dt.09-03-2017 2/2 considering the allegation attributed against the petitioner, I am not inclined to grant the privilege of pre-arrest bail to the petitioner and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) Vats/- U T