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Patna High CourtCR. MISC./25403/2016rejected

Premjit Goshwami @ Prem Goshai v. The State Of Bihar

2016-08-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25403 of 2016 Arising Out of PS.Case No. -222 Year- 2015 Thana -MANER District- PATNA ====================================================== Premjit Goshwami @ Prem Goshai, Son of Duj Nath Goshwami @ Duj Goshai, resident of Village - Mahinawan Bazar, P.S. - Maner, DistrictPatna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Anusaiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2016 Heard both sides.

The petitioner apprehends his arrest in Maner P.S. Case No. 222/15 registered under Sections 354/34 of the Indian Penal Code.

The informant-victim alleged that at about 4 O'clock in the morning she went outside her house to attend the call of nature but the petitioner along with Rajesh Goshai and one unknown person came and caught her with an intention to outrage her modesty. Learned counsel for the petitioners submits that the petitioner is next door neighbour of the informant and, on account of some enmity, the petitioner has been falsely implicated in the case but it appears that the victim herself and other witnesses have very categorically stated that it was the petitioner who caught the informant with an intention to outrage her modesty.

Patna High Court Cr.Misc. No.25403 of 2016 (3) dt.18-08-2016 2/2 Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Maner P.S. Case No. 222 of 2015. Accordingly, the same is rejected. If the petitioner surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner on its own merit.

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