Shravan Kumar Sharma And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.22393 of 2018 (4) dt.23-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22393 of 2018 Arising Out of PS.Case No. -155 Year- 2017 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Shravan Kumar Sharma, S/o Upendra Sharma,

2. Mukesh Sharma, S/o Bhola Sharma, Both are residents of village- Pali, Police Station- Ghanshyampur, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Prasad For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 23-05-2018 Heard learned Counsel for the petitioners and the learned Counsel for the State.

Petitioners apprehend arrest in Ghanshyampur PS Case No. 155 of 2017, registered under Sections 452, 376, 511, 323 and 379/34 of the IPC.

The allegation in brief is that both the petitioners entered into the house of prosecutrix and made an attempt of rape. Learned Counsel for the petitioners submits that there is land dispute between both sides and therefore falsely implicated in this case and further submits that police has not submitted chargesheet under Section 376/511 of IPC rather under Sections 452, 341, 323, 354/34 of IPC.

Having considered the aforesaid facts and circumstances in particular nature of accusation besides criminal antecedent the Court is not persuaded to grant anticipatory bail to the petitioners. So the prayer for anticipatory bail is rejected. However, petitioners are directed to surrender and seek regular bail which shall be considered on merit without being prejudiced by this order. Snkumar/- (Arun Kumar, J) U T