Mritunjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52868 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -MAHILA P.S. District- SIWAN ====================================================== Mritunjay Kumar Singh, Son of Yogendra Singh @ Suwash Singh @ Subhash Singh, resident of Village- Tali Bishunpura, P.S. Nautan, DistrictSiwan. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prem Sheela Pandey, Advocate. For the Opposite Party : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 452, 354(B), 342, 323, 379, 504 and 506 of the IPC.

The prosecution story, in brief, is that the informant Kriti Kumari Singh fallen in love with one co-accused Rajan Sah. Due to family fear, she stopped talk with the said Rajan Sah. When the informant was sleeping in the courtyard of her house, F.I.R. named accused persons came there and took her in the house of one Subhash and torn her clothes. They also assaulted and abused the informant and her brother and took out Rs.

Patna High Court Cr.Misc. No.52868 of 2018 (2) dt.20-09-2018 2/2 1,40,000/- from the brother of the informant. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to previous enmity. There is no substantive evidence to suggest his implication in the present case.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. The petitioner had tried to outrage modesty of the victim. Considering nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Siwan Mahila P.S. Case No. 33/2018, pending in the court of learned S.D.J.M. Siwan.

Anyhow, if the petitioner surrenders and prays for regular bail in the court below, the same shall be considered and disposed of preferably on the same day on its own merit without being prejudiced by this order of the Court.

U.K./- (Sudhir Singh, J) U T