Shiv Kumar Singh @ Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29164 of 2016 Arising Out of PS.Case No. -400 Year- 2015 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Shiv Kumar Singh @ Shiv Kumar Son of Ajab Lal Singh Resident of Village- Selera, P.O. Selera, Police Station Jainagar, District Madhubani. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Manoj, Advocate.

For the Opposite Party : Mr. Ram Priya Saran Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2016 Heard both sides.

The petitioner apprehends his arrest in Laheriasarai P.S. Case No. 400 of 2015 registered for the offences punishable under Sections 376 and 511 of the Indian Penal Code. The victim alleged that she had gone for treatment in the clinic of Dr. Rajesh Kumar Jha, after some examination Shiv Kumar the compounder of Dr. Rajesh Kumar Jha took her inside the room for ECG test and caught her breast and touched private parts in order to outrage her modesty.

Learned counsel for the petitioner submits that the victim did not produce any prescription of doctor to show that she was under treatment of any doctor and the doctor advised her for ECG test. The petitioner has falsely been implicated in the case at

Patna High Court Cr.Misc. No.29164 of 2016 (4) dt.22-09-2016 2/2 the instance of his brother Deo Kumar Singh with whom the petitioner has got land dispute.

It appears that the victim has made very specific allegation that while she had gone inside the clinic for ECG test, the petitioner made an attempt to outrage her modesty. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

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