Dilip Mehta v. The State Of Bihar

Patna High Court Cr.Misc. No.51744 of 2014 (3) dt.14-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51744 of 2014 Arising Out of PS.Case No. -162 Year- 2014 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Dilip Mehta Son of Ram Chandra Mehta @ Changal Mehta Resident of Village - Andauli, P.S. - Saur Basar, District - Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Ramshankar Das(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-05-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Saur Bazar P.S. Case No. 162 of 2014 registered for the offences punishable under Sections 376/511 of the Indian Penal Code, Section 8 of the Protection of Children from Sexual Offence Act and Sections 3(i) (xi) of SC/ST (Prevention of Atrocities) Act. Allegedly, the petitioner and other co-accused tried to catch the informant and her two cousin sisters but both sisters after raising alarm fled towards the village and then, the petitioner and co-accused caught the informant and pushed her down on the earth and tried to put clothes in her mouth but due to assemblage of several people they fled away.

Patna High Court Cr.Misc. No.51744 of 2014 (3) dt.14-05-2015 Submission is of false implication and that the accused Dewan Mehta is facing trial wherein the victim informant has stated that on suspicion she has lodged this case and further another witness Gunjan Kumari has been declared hostile and further Murari Paswan has also been declared hostile and, as such, the petitioner deserves sympathetic consideration to which the learned APP opposes.

Considering that the petitioner remained absconding and against him there is allegation for making an attempt to commit sexual assault with minor informant and as such, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected. However, in case and if so advised, the petitioner surrenders and seeks regular bail before the court below, then his prayer for bail shall be considered on the points raised by the defence on the same day without being prejudiced by the present order.

(Jitendra Mohan Sharma, J) avin/- U T