Sheikh Nesar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42100 of 2023 Arising Out of PS. Case No.-303 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== SHEIKH NESAR Son of Serajul Resident of village - Chan @ Chand Saraiya, P.S. - Pipra Kothi, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard the parties.

2.

The petitioner apprehends his arrest in connection with Pipra Kothi P.S. Case No.303 of 2022, registered for the offence punishable under Sections 307, 379, 354B, 385, 448 and other allied Sections of the Indian Penal Code.

3.

Allegedly, the petitioner entered in the house of the informant and tried to outrage her modesty and demanded ransom money of Rs.50,00,000/-. It is also alleged that the petitioner and other co-accused persons assaulted the informant and her daughter and also snatched several items from her house.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.42100 of 2023(2) dt.04-08-2023 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner nor any stolen property has been recovered from his possession. There is a case and counter-case between the parties. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is specific allegation against the petitioner to assault the daughter of informant due to which she sustained grievous injury.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 8.

This application is, accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T