Patna High CourtCR. MISC./62508/2017rejected

Satish Kumar @ Dasain @ Satish Rai v. The State Of Bihar

2018-01-29Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62508 of 2017 Arising Out of PS.Case No. -277 Year- 2017 Thana -GORICHAK District- PATNA ======================================================

1. Satish Kumar @ Dasain @ Satish Rai S/o Sri Paras Rai R/v- Luxmichak, P.S. Gaurichak, Distt. Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2018 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner apprehends his arrest in connection with Gaurichak P.S. Case No. 277 of 2017 registered for the offences punishable under Sections 354,354(B) of the Indian Penal Code. Allegedly, the petitioner caught the hand of Kanchan Kumari aged about 15 years, forcefully and tried to pull her. Then she raised alarm and thereafter, the petitioner fled away. Submission is of false allegation that due to village politics the petitioner has been implicated in this case. As such, no occurrence has taken place. The petitioner is a man of means, he has got no criminal antecedent and as such he deserves sympathetic consideration.

Patna High Court Cr.Misc. No.62508 of 2017 (2) dt.29-01-2018 2/2 Learned APP opposes the prayer of pre-arrest bail of the petitioner.

In the facts and circumstances stated above, I am not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, this prayer of the pre-arrest bail of the petitioner stands rejected.

However, in case and if so advised, the petitioner surrenders in the court below within six weeks from today and seeks regular bail then his prayer of regular bail shall be considered on its own merit without being prejudiced by this order.

(Jitendra Mohan Sharma, J) khushbu/- U T