Patna High CourtCR. MISC./52221/2014dismissed

Chhatu Yadav And ORS v. The State Of Bihar

2015-01-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52221 of 2014 Arising Out of PS.Case No. -94 Year- 2014 Thana -MANSAHI District- KATIHAR ======================================================

1. Chhatu Yadav, S/o Late Karmu Yadav

2. Sattan Yadav, S/o Chhatu Yadav

3. Tilu Yadav @ Pawan Kumar, S/o Chhatu Yadav All are resident of Village-Narayanpur, P.S.-Mansahi, DisttKatihar. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party : Mr. Ram Shankar Das, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-01-2015 Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition of petitioner no.1 Chhatu Yadav and petitioner no.3 Tilu Yadav @ Pawan Kumar as they have already been arrested.

Prayer is allowed.

The anticipatory bail petition of petitioner nos.1 and 3 is dismissed as withdrawn.

Heard both sides.

The petitioner, Sattan Yadav, apprehends his arrest in Mansahi P.S. Case No.94 of 2014, registered under Sections 376/511 and other sections of the Indian Penal Code as well as Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Patna High Court Cr.Misc. No.52221 of 2014 (2) dt.06-01-2015 2/2 Soni Devi, the informant, made allegation that Chhatu Yadav, Sattan Yadav and Tilu Yadav @ Pawan Kumar surrounded her and her husband while they were returning after cutting grass. She made allegations against all the three persons that they tried to outrage her modesty and also assaulted her husband.

Learned counsel for the petitioner submits that there is no specific allegation against Sattan Yadav. Perused the record.

It appears that the victim made allegations that all the three accused persons made an attempt to outrage her modesty. Hence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. The petitioner is directed to surrender in the Court below and the Court below shall consider the prayer for regular bail of the petitioner without being prejudiced by the order of this Court and taking into consideration the fact that the victim has already compromised the case.

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