Patna High CourtCR. MISC./50335/2016dismissed

Nawal Thakur @ Newa Thakur And ANR v. The State Of Bihar

2016-11-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50335 of 2016 Arising Out of PS.Case No. -233 Year- 2015 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Nawal Thakur @ Newa Thakur Son of late Moti Thakur

2. Deepu @ Dipu Thakur Son of Ramjee Thakur @ Ramprit Thakur, Both are resident of Village- Panapur Langa, P.S. Sadar, District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-11-2016 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in Hajipur Sadar P.S. case No.233 of 2015 registered under Sections 376, 511, 448, 341, 323 and 380/34 of the Indian Penal Code, pending before the court of Chief Judicial Magistrate, Vaishali. The prosecution case, in brief, is that the petitioners caught hold of informant's hand in the field, abused her and tried to outrage her modesty. When the informant made protest, then the accused persons including the petitioners assaulted her by bamboo, fists and slaps.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.50335 of 2016 (2) dt.24-11-2016 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to previous enmity. The witnesses have not supported the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R. and a very heinous allegation has been made against the petitioners.

Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioners. Prayer for anticipatory bail is rejected. Anyhow if the petitioners surrender in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T