Pankaj Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47498 of 2017 Arising Out of PS.Case No. -52 Year- 2015 Thana -ANGARGHAT District- SAMASTIPUR ======================================================

1. Pankaj Jha, S/o Ramudgar Jha, R/o Village Birnama Tula, Supaul, P.S.- Angarghat, Distt- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Angarghat P.S. Case No. 52 of 2015 instituted for the offence under Sections-376, 511 & other minor Sections of the Indian Penal Code. There is specific allegation against this petitioner that he pushed down the daughter of the informant and attempted to commit rape with her. It is also alleged that when father of the informant on hulla went there, then he assaulted him with butt of the pistol and he also assaulted the daughter of the informant on the head. Case diary has been received.

The learned APP has submitted that the victim girl in her statement recorded u/S 164 of the Cr.P.C. has fully supported the case and levelled specific allegation against the petitioner. From the impugned order, it appears that anticipatory bail

Patna High Court Cr.Misc. No.47498 of 2017 (4) dt.05-12-2017 2/2 petition of this petitioner was earlier rejected by the court below and thereafter, the petitioner has filed compromise petition and again moved for anticipatory bail on the basis of compromise, which was rejected. This court is not impressed by the submission that since compromise has taken place, therefore, the petitioner is entitled for grant of anticipatory bail.

There is specific allegation against this petitioner which has been supported by the victim girl in her statement before the learned Magistrate u/S 164 of the Cr.P.C.

In such circumstances, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail stands rejected.

The petitioner is directed to surrender in the court below and seek regular bail which will be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) A.K.V./- U T