Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31960 of 2019 Arising Out of PS. Case No.-27 Year-2018 Thana- BANSHI District- Jehanabad ====================================================== NIRAJ KUMAR Son of Ashok Yadav @ Kaiel Yadav Resident of Village - Ibrahimpur, P.S.- Kurtha, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2019 Heard both sides.

The petitioner apprehends his arrest in Banshi P.S. case No. 27 of 2018 registered under Section 376/511 and other minor Sections of the IPC.

The informant got information that on 31.05.2018 the petitioner and other accused persons had entered in his house and made attempt to outrage the modesty of his daughter, who was with her minor brother.

The learned counsel for the petitioner submits that the occurrence took place on 31.05.2018 but the FIR was lodged on 25.06.2018. A Panchayati was held but the informant brought the case. It is further submitted that no occurrence, as alleged by the informant, took place but it appears from the FIR itself that it was the petitioner who along with his friend had entered into

Patna High Court CR. MISC. No.31960 of 2019(2) dt.14-05-2019 2/2 the house of informant while the informant and his wife have gone to other village to attend a marriage ceremony and made abortive attempt to commit rape with the daughter of informant. The informant came after receiving the information and only thereafter the FIR was lodged.

Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T