Punit Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55630 of 2016 Arising Out of PS.Case No. -30 Year- 2016 Thana -MAHILA P.S. District- SIWAN ====================================================== Punit Pandey, Son of Dhanesh Pandey, Resident of Village- Orama P.S.- Siwan Mufassil District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sandhya Kumari D/o Satyadeo Pandey, r/v- Bhari, P.o. - Kachnar P.S. - Raghunathpur, District - Siwan.

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

For the Petitioner/s : Mr. Ranjeet Kumar, Adv. For the informant Mr. Ajay Kumar Pandey, Adv. For the Opposite Party/s : Mr. Satyavarat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-03-2017 Heard both sides.

The petitioner seeks bail in Mahila P.S. Case No. 30/2016, registered for the offences punishable under Sections 354A (iv), 354D (ii), 354, 376, 511 and 506 of the Indian Penal Code.

The informant alleged that the petitioner, who happens to be the brother-in-law of her brother Santosh Pandey, came to her house and gave mobile with S.I.M. He began to talk with her. On 09.12.2015 the petitioner made attempt to commit rape with her, but she somehow saved herself and on the next day, in the morning the petitioner fled away. She further alleged that on 04.05.2016 the petitioner again came to her house made attempt to

Patna High Court Cr.Misc. No.55630 of 2016 (3) dt.09-03-2017 2/2 commit rape with her, but she raised alarm and her family members came and saved her.

Learned counsel for the petitioner submits that the petitioner is brother-in-law of elder brother of the informant. The father of the petitioner filed informatory petition before the SubDivisional Judicial Magistrate on 07.05.2016. There is family dispute that is why this petitioner has been falsely implicated in this case, but from perusal of the F.I.R. it appears that the informant is a minor girl who made allegation against the petitioner that on being relative the petitioner make abortive attempt to commit rape with her.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T