Sanjeet Singh @ Sanjeet Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47275 of 2019 Arising Out of PS. Case No.-111 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== Sanjeet Singh @ Sanjeet Kumar Singh Son of Dorik Singh, Resident of Village - Parwa, P.S.- Jainagar, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Jha For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-07-2019 Heard both sides.
The petitioner apprehends his arrest in Jainagar P.S. Case No.111 of 2018 registered under Sections 376, 511, 448, 341, 506, 379 and 34 of the Indian Penal Code. The victim alleged that on 03.02.2018 her husband had gone outside his house. Her cousin brother-in-law (petitioner) entered into her house at about 9:00 P.M. and made abortive attempt to commit rape with her. On alarm, Shila Devi (step mother-in-law of the informant) came but she asked her to keep mum. The informant was holding the petitiioner inside the house but other accused persons came there and got him freed. Learned counsel for the petitioner submits that the petitioner is a cousin of the husband of the informant. On account of some enmity, the informant lodged the case three
Patna High Court CR. MISC. No.47275 of 2019(2) dt.30-07-2019 2/2 days after the occurrence. It is further submitted that no occurrence as alleged has taken place. The informant gave application to the S.P., Madhubani but did not lodge the case in the police station. This fact also shows the falsity of the case, but it appears that the informant herself disclosed that the petitioner is a cousin of her husband and the petitioner finding the informant alone in the house entered into her house in the night and made abortive attempt to commit rape with her. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) Harish/- U T