Balli Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43670 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -GAURICHAK District- PATNA ======================================================

1. Balli Kumar, Son of Ram Pravesh Singh, Resident of VillageAlavkaspur, P.S.- Gaurichak, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2017 Heard both sides.

The petitioner apprehends his arrest in Gaurichak P.S. case No. 95 of 2017 for the offences punishable under Section 341, 448, 354, 354(B) of the Indian Penal Code. The informant alleged that when her husband had gone outside to earn his livelihood the petitioner entered into her house and made attempt to outrage her modesty. The learned counsel for the petitioner submits that the occurrence is said to have taken place in broad day-light but there is no eye witness of the occurrence. The petitioner has falsely been implicated in the case. No offence under Section 354 of the IPC is made out but it appears that the victim has made specific allegation that petitioner entered into her house finding

Patna High Court Cr.Misc. No.43670 of 2017 (2) dt.21-09-2017 2/2 her all alone and made attempt to outrage her modesty. Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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