Patna High CourtCR. MISC./47883/2016rejected

Santosh Kumar @ Santosh Kumar Chaudhary @ Santosh Chaudhary v. The State Of Bihar

2016-12-05Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47883 of 2016 Arising Out of PS.Case No. -244 Year- 2014 Thana -SHEKHPURA District- SEKHPURA ====================================================== Santosh Kumar @ Santosh Kumar Chaudhary @ Santosh Chaudhary, Son of Mahendra Chaudhary, Resident of Bajidpur, P.S. + District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 05-12-2016 Heard the counsel for the petitioner and the State. The petitioner is facing accusation in Sheikhpura P.S. Case No. 244 of 2014 registered under Sections 341, 323, 307, 376, 511, 337, 436 and 504 of the Indian Penal Code and has approached this Court for grant of anticipatory bail. In relation to the occurrence taken place on 08.02.2014, the complaint was lodged on 12.02.2014 which was later treated as an FIR. The allegation is that when the minor daughter of the informant had gone out to defecate, in the meantime, the petitioner made valiant attempt to outrage her modesty. When the matter was reported, thye lost their temper and also made an attempt to set his house ablaze.

Contention of the petitioner is that mother of the

Patna High Court Cr.Misc. No.47883 of 2016 (2) dt.05-12-2016 2/2 petitioner also lodged the case against the prosecution side. Out of animosity, the present FIR has been lodged. The allegations are concocted.

Learned APP opposed the prayer and submits that the allegation is specific against the petitioner of having attempted to outrage the modesty of the minor daughter of the informant as reflected in the First Information Report.

Considering the facts and circumstances of the case, in my view, it is not fit case for grant of anticipatory bail. The prayer is declined.

The petitioner may surrenders and prays for regular bail. If he does so, the same shall be considered and disposed of on its own merit in accordance with law.

(Kishore Kumar Mandal, J) rohit/- U T