Shravan Mahto @ Shrawan Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80319 of 2018 Arising Out of PS. Case No.-167 Year-2016 Thana- BANIAPUR District- Saran ====================================================== Shravan Mahto @ Shrawan Mahato Son of Late Bhikhar Mahto @ Bhikha Mahto Resident of village-Baniyapur, Police Station-Baniyapur, DistrictSaran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash For the Opposite Party/s :

Mr.Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-08-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in connection with Baniyapur P.S. Case No. 167 of 2016, disclosing offences under Sections 376 and 511 of the Indian Penal Code.

There is allegation in the FIR against the petitioner of having attempted to commit rape on the informant in the presence of her husband.

Learned counsel for the petitioner has submitted that the independent witnesses have not supported the case of the prosecution.

However, on perusal of the case diary, it is found that there is evidence which corroborates the allegation made in the

Patna High Court CR. MISC. No.80319 of 2018(7) dt.07-08-2019 2/2 FIR.

Considering the gravity of the offence, I am not inclined to grant the petitioner the privilege of anticipatory bail. The petitioner is directed to surrender in the court below within four weeks from today and seek regular bail, if so advised. If he does so and applies for regular bail, his application for bail shall be considered on its own merit without being prejudiced by rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T