Patna High CourtCR. MISC./39812/2014dismissed

Sheikh Samshad @ Md. Samshad v. The State Of Bihar

2015-04-21Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.39812 of 2014 (3) dt.21-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39812 of 2014 Arising Out of PS.Case No. -324 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sheikh Samshad @ Md. Samshad Son of Sheikh Ainul Resident of Village - Madhopur Tola Gaharipur, P.S. - Turkaulia, District - East Champaran.

.... .... Petitioner.

Versus

1. The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Binay Krishna, Advocate. For the State : Mr. Ajay Kr. Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 21-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Turkaulia P.S. Case No. 324 of 2014, registered under Sections 341, 376 and 511 of the Indian Penal Code. It is alleged that while the daughter of the informant was going to attend call of nature then the petitioner coming on motorcycle and tried to outrage her modesty and tried to some illegal act, on which the daughter of the informant make cry, then villagers came and petitioner flee away leaving his motorcycle. Learned counsel for the petitioner submits that a false case has been instituted against this petitioner in retaliation the petitioner has been filed a case for snatching his motorcycle and money. It is further submitted that petitioner has first filed the case.

However, it is totally absurd that parent put pressurised the victim to make such allegation about outrage of modesty of his

Patna High Court Cr.Misc. No.39812 of 2014 (3) dt.21-04-2015 daughter.

Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. However, if petitioner surrender and prays for regular bail, it may be considered on its own merit without being prejudice by the order.

m.p.

(Gopal Prasad, J) U T