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Patna High CourtCR. MISC./7880/2017dismissed

Shantu Sah @ Santoo Sah v. The State Of Bihar

2017-02-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7880 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -TIYAR District- BHOJPUR ====================================================== Shantu Sah @ Santoo Sah, Son of Kashi Sah, Resident of Village-Utardaha P.S. Tiyar, District-Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Tiyar P.S. Case No. 5 of 2017 instituted for the offence under Section(s) 354(A), 376, 511 of the Indian Penal Code.

As per written report, there is specific allegation against this petitioner that petitioner forcibly misbehaved with the minor daughter of the informant in his house and also attempted to commit rape with her.

It has been submitted on behalf of the petitioner that the police in the supervision note has opined the case true for the offence under Sections 452, 354(B) of the Indian Penal Code. Learned Sessions Judge has mentioned in the

Patna High Court Cr.Misc. No.7880 of 2017 (2) dt.23-02-2017 2/2 impugned order that the victim girl has fully supported the case and has specifically named the petitioner who caught her forcibly, took her inside the house and tried to commit rape with her. In such circumstance, this Court is not inclined to enlarge the petitioner on anticipatory bail. The prayer of the petitioner for anticipatory bail is rejected. The petitioner is directed to surrender before the Court below within a period of six weeks from today in connection with Tiyar P.S. Case No. 5 of 2017 and seek regular bail, which shall be considered and disposed off on its own merit without being prejudiced by the order of this Court. (Sanjay Priya, J) Shageer/- U T