Patna High CourtCR. MISC./45611/2019dismissed

Dashrath Ram v. The State Of Bihar

2019-10-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45611 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- MAHILA P.S District- Supaul ====================================================== DASHRATH RAM Son of Uttam Ram @ Uttim Ram Resident of VillageShreepur, Post office and Police Station- Pratapganj, District- Supaul (Bihar), Pin Code- 852125.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-10-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in Supaul Mahila P.S. Case No. 07 of 2019, disclosing offence under Sections 341,354B,504,506,323,509 of the Indian Penal Code.

Case diary is available. It is alleged in the First Information Report that the petitioner had entered into the informant's house in the night of 01.02.2019 and after having forcibly disrobed her, had attempted to commit rape on her. In response to cry to help, her family members had rushed whereafter the petitioner was apprehended by them. It is further alleged that the family members and other persons close to the petitioner came and managed to take the petitioner away. There

Patna High Court CR. MISC. No.45611 of 2019(3) dt.01-10-2019 2/2 is some explanation for delay of two days in lodging of the First Information Report.

Learned counsel for the petitioner has submitted that because of land dispute between the parties, false case has been registered with an intention to harass him. There is no reference, however, to any specific land dispute in the application seeking anticipatory bail.

Considering the seriousness of the allegation made against the petitioner, I am not inclined to grant him the privilege of anticipatory bail.

This application is rejected.

However, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) arun/- U