Dinesh Yadav @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1765 of 2021 Arising Out of PS. Case No.-184 Year-2020 Thana- MAHARAJGANJ District- Siwan ====================================================== Dinesh Yadav @ Dinesh Kumar, son of Lorik Yadav @ Lorik Ray, Resident of Village- Bagauchha, P.S.- Maharajganj, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-07-2021 Heard Mr. Bijay Prakash Singh, the learned Advocate for the petitioner and Mr. Choubey Jawahar, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Maharajganj P.S. Case No. 184 of 2020, instituted for the offences under Sections 342, 323, 448, 354-A, 504 and 506/34 of the Indian Penal Code and

Patna High Court CR. MISC. No.1765 of 2021(2) dt.09-07-2021 2/3 Sections 8/12 of the Protection of Children from Sexual Offences Act, 2012.

The petitioner and another are said to have attempted to disrobe the prosecutrix and also assaulted her. It has been submitted on behalf of the petitioner that the accusation against him is absolutely false. In fact, the victim is a major girl and this case is only a recrimination against the complaint made by the petitioner and others against the informant of having posted objectionable photographs of the sister of the petitioner.

The petitioner is also stated to be one of the agnates of the informant.

Be that as it may, regard being had to the nature of accusation against the petitioner, I am not inclined to admit him to anticipatory bail.

The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

However, if the petitioner surrenders before the Court below and seeks bail, the Court below, after taking into account all the afore-stated grounds, shall pass

Patna High Court CR. MISC. No.1765 of 2021(2) dt.09-07-2021 3/3 necessary orders in accordance with law, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court. The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T