Gorakh Pandey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40114 of 2016 Arising Out of PS.Case No. -161 Year- 2016 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Gorakh Pandey S/o Late Nathuni Pandey, Resident of Vill- Bhakura, P.S.- Tarari, Dist- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Punita Devi D/o Late Satyadeo Mishra, at present Resident of Vill- Noa, P.S.- Sikarata Dist- Bhojpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-04-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Bhojpur Mahila P.S. Case No. 161 of 2016 for the offences punishable under sections 323, 354 (A), 498 (A) and 34 of the I.P.C.
The petitioner is the father-in-law of the complainantinformant. Against the petitioner there is allegation that he sexually assaulted the informant.
Submission is of false implication and that the husband has been allowed provisional anticipatory bail as both husband and wife are living together as per order dated 03.09.2016
Patna High Court Cr.Misc. No.40114 of 2016 (5) dt.20-04-2017 2/2 passed by the learned Sessions Judge, Bhojpur at Ara in A.B.P. No. 1079 of 2016 and as such the petitioner also deserves sympathetic consideration.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that against the petitioner there is serious allegation.
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 C.J.M. Bhojpur at Ara.
(Jitendra Mohan Sharma, J) Abhay/- U T