Banty Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28504 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -BARACHATTI District- GAYA ======================================================

1. Banty Kumar Son of Dilip Kumar, Resident of Village- Jogar, P.S.- Barachatty (Mohanpur), District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-08-2017 Heard both sides.

The petitioner apprehends his arrest in Barachatti (Mohanpur) P.S. case No. 66 of 2017 for the offences punishable under Section 147, 376/511, 323, 504 of the Indian Penal Code and under Section 8 of the POCSO Act.

The victim made allegation that when she was returning after throwing garbage the petitioner put her down on the ground and made abortive attempt to commit rape with her after untying her under garment.

The learned counsel for the petitioner submits that other accused persons have been granted anticipatory bail vide order passed in Cr. Misc. No. 16394 of 2017 but from the FIR itself it appears that it was the petitioner who made abortive

Patna High Court Cr.Misc. No.28504 of 2017 (3) dt.19-08-2017 2/2 attempt to commit rape with the victim and other accused persons are alleged to have misbehaved with the family members of the victim after the occurrence.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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