Patna High CourtCR. MISC./37919/2020rejected

Sanjay Kumar v. The State Of Bihar

2021-07-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37919 of 2020 Arising Out of PS. Case No.-68 Year-2020 Thana- DERNI BAZAR District- Saran ====================================================== SANJAY KUMAR S/o Maheshwar Ray R/o Village- Khajauli, P.S.- Derni, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Prasad Singh, Sr. Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2021 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Derni P.S. Case No.68 of 2020 registered under Sections 147, 148, 149, 323, 354A,354B, 504, 506, 509 and 379 of the Indian Penal Code and under Sections 367 and 367(C) of the I.T. Act. The victim alleged that on 21.04.2020 she came out in the night from her house to attend the call of nature but the petitioner caught her and torn her clothes. The petitioner made an attempt to outrage her modesty. The petitioner also snapped her photographs and made the same viral.

Learned senior counsel for the petitioner submits that all the allegations are false and concocted. The petitioner is neighbour of the victim. The occurrence is alleged to have taken place in the mid of night. The victim did not disclose that how

Patna High Court CR. MISC. No.37919 of 2020(2) dt.01-07-2021 2/2 the petitioner entered the courtyard of the house. The petitioner has falsely been implicated in the case.

Learned A.P.P., however, opposed the prayer for anticipatory bail.

Having considered the submissions of both sides and on perusal of the record, it appears that the victim made specific allegation that the petitioner after entering the courtyard of her house torn her clothes and tried to outrage her modesty and also snapped her photographs. Later on the petitioner made the photographs of the victim viral.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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