Nand Kishore Paswan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46721 of 2014 Arising Out of PS.Case No. -124 Year- 2014 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ======================================================

1. Nand Kishore Paswan Son of Jalendra Paswan

2. Sanoj Paswan Son of Mahendra Paswan Both resident of village- Jadua Barai Tola, Police Station- Industrial Area, District- Vaishali .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Shravan Kumar, Advocate. For the Opposite Party : Mr. M.Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-05-2015 Heard both sides.

The two petitioners cited as accuseds have allegedly attempted to commit rape on the informant while she was alone in the house. They are, thus, facing accusations punishable under Sections 376/ 511 of the IPC.

Contention of the petitioners is that the petitioners are neighbours. One of the petitioners had advanced certain amounts which the husband of the informant was not returning. On account of this demand and refusal the present case has been lodged.

Learned APP for the State, on the other hand, submitted that the victim was also examined and few injuries have

Patna High Court Cr.Misc. No.46721 of 2014 (3) dt.20-05-2015 2/2 been found although simple in nature on her person. She immediately disclosed the occurrence to the witnesses including her husband.

Be that as it may, considering the allegations, in my view, petitioners do not deserve anticipatory bail. Prayer is declined. In the event they surrender and pray for regular bail before the learned Court below, the same shall be considered and disposed of on its own merit uninfluenced in any manner by the present order.

(Kishore Kumar Mandal, J) Shyam/- U T