Binod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25685 of 2020 Arising Out of PS. Case No.-224 Year-2019 Thana- SAHPUR District- Patna ====================================================== Binod Rai, aged about 40 years, male, Son of Ramchandra Ray, Resident of Village Mubarakpur Bijapat, P.S. - Shahpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-10-2020 Heard Mr. Vijay Bhushan Prasad, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Shahpur P.S. Case No. 224 of 2019, dated 13.06.2019, instituted for the offences under Sections 376, 511, 341, 323 and 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.25685 of 2020(2) dt.14-10-2020 2/3 The petitioner is alleged to have scaled over the roof of the house of the prosecutrix and tried to outrage her modesty. However, on the intervention of the other family members, the situation could be averted. When a protest was made, the family members of the petitioner abused and assaulted the family members of the prosecutrix. It has been submitted on behalf of the petitioner that an absolutely exaggerated version of the occurrence has been reported in the First Information Report. In fact, the petitioner and the prosecutrix are distantly related to each other and because of some loose behaviour shown by the petitioner, the husband of the prosecutrix became very angry and got this case registered. The family members of the petitioner have been granted anticipatory bail by a Bench of this Court.

Considering the background facts, the parties have also decided to jettison their differences and a settlement has been arrived at between them.

Nonetheless, considering the nature of accusation against the petitioner, I am not inclined to grant anticipatory

Patna High Court CR. MISC. No.25685 of 2020(2) dt.14-10-2020 3/3 bail to him.

The prayer for grant of anticipatory bail is, accordingly, rejected.

However, if the petitioner surrenders before the Court below and seeks regular bail, the Court below shall look into the entire set of facts including what has been stated in the present order and shall pass an order in accordance with law, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) Praveen-II/- U T