Patna High CourtCR. MISC./43486/2017rejected

Raushan Kumar v. The State Of Bihar

2017-09-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43486 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Raushan Kumar Son of Sunil Kumar @ Sunil Yadav Resident of VillageDeoghara, Police Station- Kako in the district of Jehanabad .... Petitioner

Versus

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

For the Petitioner : Mr. Navin Sharma, Adv. For the Opposite Party : Mr. Gauri Shankar Gupta, APP 95 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2017 Heard both sides.

The petitioner apprehends his arrest in Jehanabad Mahila P.S. Case No. 33 of 2017 under Sections 354, 379 and other sections of the Indian Penal Code.

The informant alleged that on 28.04.2017 at about 04.30 A.M. when she opened her door, the petitioner and Vikas Kumar entered into her house. The petitioner put her down on the ground and made attempt to outrage her modesty. Vikas Kumar snatched golden chain and ear-ring.

The learned counsel for the petitioner submits that the petitioner and informant are co-sharers. There is some dispute with regard to flow of drainage water. The occurrence is said to have taken place on 28.04.2017, but, the first information report was lodged on 04.05.2017. A Panchayati was also held, but, the informant did not obey the decision of the Panchayat. On perusal of the first information report, itself, it appears that informant is a lady and she made specific allegation that the petitioner entered into her house at 04.30 A.M, early morning and made an attempt to outrage her modesty after putting

Patna High Court Cr.Misc. No.43486 of 2017 (2) dt.20-09-2017 2/2 her down on the ground.

Considering the facts, aforesaid, and allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail.

The prayer for anticipatory bail is rejected. If the petitioner surrenders in the Court below, the learned Court below shall consider the prayer for regular bail of the petitioner, on its own merit, without being prejudiced of this order.

(Prabhat Kumar Jha, J) SA/- U √ T √