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Patna High CourtCR. MISC./52220/2015dismissed

Chandeshwar Sahu v. The State Of Bihar

2016-01-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52220 of 2015 Arising Out of PS.Case No. -217 Year- 2015 Thana -MANIGACHI District- DARBHANGA ====================================================== CHANDESHWAR SAHU, Son of Late Nathuni Sahu, Resident of VillageBaghant, Police Station- Manigachhi, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Prasad For the Opposite Party/s : Mr. Chandra Bhushan Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-01-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Section 376 of the Indian Penal Code.

The prosecutrix made allegation that while she was in her house, the petitioner came and torn her clothes to outrage her modesty. It is submitted that the petitioner has falsely been implicated in the case at the instance of Siddique Ansari with whom the petitioner has got enmity and land dispute. On the other hand, learned counsel for the informant as well as learned A.P.P. opposed the prayer for anticipatory bail and submitted that the victim is a handicapped. Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in Manigachhi P.S. Case No. 217 of 2015,

Patna High Court Cr.Misc. No.52220 of 2015 (2) dt.04-01-2016 2/2 corresponding to G.R. No. 2876/2015. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T