Abhijeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39421 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Abhijeet Kumar Late Chandradeo Singh, Resident of Village-Mahisaur,P.s. Jandaha, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha, Adv. For the Opposite Party/s : Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2016 Heard both sides.

The petitioner apprehends his arrest in Jandaha P.S. Case No. 42/2016, registered for the offences punishable under Sections 376, 511 and other sections of the Indian Penal Code. The informant alleged that while his dumb wife was inside the house, the petitioner entered into the house and made attempt to outrage her modesty. When the informant came and caught the petitioner; Ajeet Kumar, Ranjeet Kumar and Sonu Kumar friends of the petitioner also came there and assaulted the informant.

Learned counsel for the petitioner submits that on 13.03.2016 the petitioner lodged Jandaha P.S. Case No. 41/2016 under Section 325 and other sections of the Indian Penal Code as

Patna High Court Cr.Misc. No.39421 of 2016 (3) dt.15-11-2016 2/2 the informant Parikshan Sah, Lakhindra Sah and other are alleged to have assaulted Abhijeet Kumar (petitioner) when he forbid them not to graze she-goat in his field. The petitioner was admitted in the hospital which would appear from page 22 of the brief. It is further submitted that the petitioner is on police bail during the course of investigation, as the police found the case true under Section 323 and other bailable sections of the Indian Penal Code, but it appears that the informant made allegation that the petitioner entered into his house with intention to outrage the modesty of his dumb wife, but the police granted bail to the petitioner during the course of investigation, the anticipatory bail petition of the petitioner is not at all maintainable. Accordingly, the same is dismissed.

(Prabhat Kumar Jha, J.) Vinita/- U T