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Patna High CourtCR. MISC./50166/2014dismissed

Dipak Kumar Pandey v. The State Of Bihar

2015-04-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50166 of 2014 Arising Out of PS.Case No. -36 Year- 2014 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Dipak Kumar Pandey Son of Hare Ram Pandey resident of Village - Chitani, P.S. - Dauath, District - Rohtas.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the Opposite Party : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-04-2015 Heard both sides.

The petitioner apprehends his arrest in a case in connection with Dawath P.S. Case No. 36 of 2014 under Section 376/511 and other Sections of the I.P.C.

The mother of the victim made allegation against the petitioner that the petitioner asked his minor daughter aged about 10 years to touch his private part and he started dragging her to outrage her modesty.

Learned counsel for the petitioner submits that the petitioner is the agnate of the husband of the informant and on account of land dispute the petitioner has falsely been implicated in the case. A Title Suit No. 30 of 2000/160 of 2006 is pending

Patna High Court Cr.Misc. No.50166 of 2014 (3) dt.10-04-2015 2 / 2 between the parties.

Considering the contents of the F.I.R. itself, I do not feel inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected in connection with Dawath P.S. Case No. 36 of 2014, pending in the court of the learned C.J.M., Rohtas at Sasaram.

The petitioner, if so advised, may surrender in the court below and pray for regular bail and on surrender the learned court below shall consider the prayer of regular bail of the petitioner without being prejudiced from the order of this Court. U.K./- (Prabhat Kumar Jha, J) U T