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Patna High CourtCR. MISC./41018/2019rejected

Jahid Hussain @ Md. Zahid Hussain v. The State Of Bihar

2019-07-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41018 of 2019 Arising Out of PS. Case No.-202 Year-2014 Thana- ARWAL District- Jehanabad ====================================================== Jahid Hussain @ Md. Zahid Hussain S/O Md. Rasid @ Rashid Hussain, R/O Mohalla- Malhi Patti Vaidrabad, P.S.- Arwal, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2019 Heard both sides.

The petitioner apprehends his arrest in Arwal P.S. Case No.202 of 2014 registered under Sections 341, 323, 354, 379, 504 and 34 of the Indian Penal Code.

The informant alleged that when she was returning towards her house along with her mother and sister after offering prayer and reached near Malhi Patti More, Jahid Hussain @ Md. Zahid Hussain (petitioner) caught the hand of the informant and tried to outrage her modesty. The petitioner torn her clothes. She further alleged that the petitioner used to stalk her and the informant informed her brother. On being asked, the petitioner assaulted her brother.

Learned counsel for the petitioner submits that water was logging in the field and for that reason some altercation

Patna High Court CR. MISC. No.41018 of 2019(2) dt.03-07-2019 2/2 took place between both sides. The petitioner has falsely been implicated in the case, but it appears that the informant made allegation that the petitioner used to stalk her and while she was returning along with her mother and sister after offering prayer, the petitioner caught her hand with an intention to outrage her modesty and also torn her cloths. The witnesses appear to have reiterated the version of the informant.

Having considered 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