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Patna High CourtCR. MISC./16079/2016rejected

Mohanlal Deo And ORS v. The State Of Bihar

2016-04-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16079 of 2016 Arising Out of PS.Case No. -536 Year- 2015 Thana -BAHERA District- DARBHANGA ======================================================

1. Mohanlal Deo S/o Yogendralal Deo

2. Ranjit Yadav S/o Ram Bharosh Yadav

3. Mahesh Lal Deo, S/o Ram Chandralal Deo, All resident of Village- Madhopur, P.S. Bahera, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudal Singh and Mr. Pramod Kumar, Advocates.

For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2016 Heard both sides.

The petitioners, namely, Mohanlal Deo, Ranjit Yadav and Mahesh Lal Deo, apprehend their arrest in a case under Section 448, 376, 511, 354(B) of the Indian Penal Code. The victim made allegation that the petitioners forcibly took her in a garden and made all attempts to outrage her modesty. It is submitted that the police, after investigation, submitted chargesheet under Section 354(B) IPC. The sister of the petitioner no. 2 is married the brother of the informant and that is why the informant filed this false case as some dispute was going on between the husband and the wife.

Considering the nature of allegations, I am not inclined to enlarge the petitioners on anticipatory bail in Bahera

Patna High Court Cr.Misc. No.16079 of 2016 (2) dt.29-04-2016 2/2 P.S. Case No. 536 of 2015. Accordingly, the same is rejected. The petitioners, if so advised, may surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioners without being prejudiced by this order.

(Prabhat Kumar Jha, J) Dilip/- U T