Patna High CourtCR. MISC./34677/2017rejected

Rampravesh Paswan v. The State Of Bihar

2017-08-10Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.34677 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34677 of 2017 Arising Out of PS.Case No. -46 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================

1. Rampravesh Paswan son of late Rajdev Paswan Resident of Village Narwara, P.S. Tariyani, District Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Sri Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both the sides.

The petitioner apprehends his arrest in connection with Tariyani P.S. Case No. 46 of 2015 registered under Sections 341, 323, 447, 448, 376 and 511 of the Indian Penal Code and Section 8 of the POSCO Act, 2012.

The informant made specific allegation that the petitioner entered into her house and made attempt to commit rape with her daughter thereafter all the accused persons entered into her house with a view of kidnap her daughter. Learned counsel for the petitioner submits that the petitioner was brutally assaulted and he was under treatment in S.K.M.C.H, Muzaffarpur. It appears that there is specific allegation against the petitioner that he entered into the house of

Patna High Court Cr.Misc. No.34677 of 2017 (2) dt.10-08-2017 the informant and made attempt to commit rape with her daughter. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of this petitioner is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below shall consider the prayer for regular bail of this petitioner on its merit without being prejudiced by this order.

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