Patna High CourtCR. MISC./22818/2017rejected

Nand Lal Yadav @ Nandalal Yadav v. State Of Bihar And ANR

2017-07-14Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22818 of 2017 Arising Out of PS.Case No. -502 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nand Lal Yadav @ Nandalal Yadav Son of Mahanth Yadav, Resident of Village- Anand Nagar Awasani, P.S.- Bagaha (Patkhauli), District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Indu Devi, W/o Surendra Sharma, R/o Village- Anadnd Nagar, Aosani, P.S.- Patkhauli O.P., District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-07-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the complainant.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Trial No. 4500 of 2016 arising out of Complaint Case No. 502 (C) of 2015 for the offences punishable under sections 376, 323 and 511 of the I.P.C. Allegedly, the petitioner tried to commit rape with the complainant and due to intervention of the witnesses the complainant was saved.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.22818 of 2017 (4) dt.14-07-2017 2/2 complaint case has been filed after much delay, all the allegations are concocted and baseless and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. duly assisted by the learned counsel for the complainant opposes prayer for pre-arrest bail of the petitioner by submitting that the complainant informed the local police but no action was taken and then she gave information to the S.P. also but inspite of direction of the S.P. no action was taken then the complaint case was filed.

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 bail to him and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of Judicial Magistrate, 1st Class, Bagaha (West Champaran).

(Jitendra Mohan Sharma, J) Abhay/- U T