Shasi Bhushan Yadav @ Shashi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7990 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -MAHILA P.S. District- VAISHALI(HAJIPUR) ====================================================== Shasi Bhushan Yadav @ Shashi Yadav, Son of Sri Kishun Lal Yadav, Resident of Village/ Mohalla- Police Centre, Hajipur, P.S.- Sadar (Hajipur), District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Kumar,Advocate For the Opposite Party : Mr. Matloob Rab (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 76 of 2016, registered for the offences punishable under Sections 376, 511, 354, 354(D)(II), 504, 506 of the Indian Penal Code.

Allegedly, the petitioner demanded Rs. 7,000/- from the informant or to sleep with him for a night and thereafter he touched the sensitive organ of the informant. The petitioner started making telephone call on mobile and then the informant gave information to Senior police officer.

Submission is of false implication and that no offence under Sections 376/511of the I.P.C. is made out. The petitioner

Patna High Court Cr.Misc. No.7990 of 2017 (2) dt.03-03-2017 2/2 has been made victim of internal politics of the department and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Mahila P.S. Case No. 76 of 2016, pending in the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur. However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J.) Rajiv/- U T