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Patna High CourtCR. MISC./45678/2019rejected

Shiv Shankar Kumar v. The State Of Bihar

2019-07-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45678 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- GAURICHAK District- Patna ====================================================== 1.

Shiv Shankar Kumar Son of Ramdayal Rai @ Ramdayal Singh, Residence of Village-Patanpura, Police Station-Gaurichak, District-Patna. 2.

Rakesh Kumar Son of Nagendra Rai, Residence of Village-Patanpura, Police Station-Gaurichak, District-Patna.

3.

Ranjan Kumar Son of Surendra Rai, Residence of Village-Patanpura, Police Station-Gaurichak, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nirmal Kumar For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2019 Heard both sides.

Petitioners apprehend their arrest in Gaurichak P.S. Case No.114 of 2019 registered under Sections 354(B) and 34 of the Indian Penal Code and under Section 8 of the POCSO Act.

The informant herself disclosed that she had gone to her cattle shed in the evening of 06.03.2019 but the petitioners caught her from behind and started dragging her with an intention to outrage her modesty. When she tried to raise alarm, her mouth was closed but somehow she raised alarm and the accused persons fled away.

Patna High Court CR. MISC. No.45678 of 2019(2) dt.24-07-2019 2/2 Learned counsel for the petitioners submits that the petitioners are next door neighbours of the informant. Some dispute arose due to flow of drainage. The informant and her elder sister were married on 09.06.2019, but it appears from the F.I.R. itself that the petitioners caught the informant and started dragging her with an intention to outrage her modesty. Having considered the facts aforesaid and the nature of allegation made against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

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