Patna High CourtCR. MISC./25574/2016rejected

Suresh Giri v. The State Of Bihar

2017-01-11Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.25574 of 2016 (5) dt.11-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25574 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -RUPASPUR District- PATNA ====================================================== Suresh Giri son of Late Raj Banshi Giri, Resident of Village- Bairiya, P.S.- Bairiya, District- Bettiah, at present residing Flat No.102, Parmanand Palace, P.S.- Rupashpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girjanand Prasad For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Rupushpur P.S. Case No. 3 of 2016 for the offences registered under Sections 366, 372, 373/ 34 and 120(B) of the Indian Penal Code and Under Section 3,4,5,6 and 7 of the Sexual Offence Act.

Learned counsel for the petitioner submits that the petitioner has been maliciously named in connection with the present case and there is no independent witness to support the allegation levelled against the petitioner.

Diary of the present case was called for which has since been received.

Patna High Court Cr.Misc. No.25574 of 2016 (5) dt.11-01-2017 Learned counsel for the State after perusal of the case diary submits that it was the victim who had reported the matter and as a result of which, a raid was conducted in which the name of the petitioner finds place in the statement of victim so recovered from the place of occurrence. It is further submitted that there is sufficient material in the case diary to implicate the petitioner in the present case.

Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) Jagdish/- U T