Patna High CourtCR. MISC./35299/2017rejected

Dineshwar Yadav v. The State Of Bihar

2017-08-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35299 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Dineshwar Yadav, Son of Late Jhagru Yadav, Resident of Village- Kawra Mathiya, P.S. Jagdishpur, District- Bhojpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party : Mr. Dr. Ajeet Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No. 138 of 2017, registered for the offences punishable under Sections 452, 376 of the Indian Penal Code.

Allegedly, the petitioner being bhaisur of the informant along with two unknown entered into the house of the informant and tried to commit rape with her.

Submission is of false implication and that petitioner has not committed any offence, he has been made accused only with a view to put pressure, all the allegations are concocted and baseless. Title Suit is going on and to compromise that, this case

Patna High Court Cr.Misc. No.35299 of 2017 (2) dt.11-08-2017 2/2 has been lodged. Jagdishpur P.S. Case No. 61 of 2017 is also pending between the parties. Jagdishpur P.S. Case No. 61 of 2017 has been filed against the informant and her husband vide Annexure-2 and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. seriously opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest to him and accordingly his such prayer stands rejected in connection with Jagdishpur P.S. Case No. 138 of 2017, pending in the Court of learned A.C.J.M. XI, Bhojpur at Ara.

(Jitendra Mohan Sharma, J.) Rajiv/- U T