Patna High CourtCR. MISC./23980/2016rejected

Parsuram Tanti v. The State Of Bihar

2016-08-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23980 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Parsuram Tanti Son of Late Ram Swaroop Tanti, Resident of villageNekpur, P.S.- Chhabilapur, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the State : Mr. Nand Kishore Prasad, (APP) For the informant : Mr. Rabindra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-08-2016 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. case No.34 of 2016 under Section 376, 341, 323, 504/34 of the Indian Penal Code.

The prosecutrix alleged that a building was constructed for bank and she was working as a labourer on payment of Rs. 250/- per day but the petitioner on the pretext of providing labour sexually exploited her. It is further alleged that when the prosecutrix went to demand her wages the petitioner assaulted her and tried to exploit her sexually. The learned counsel for the petitioner submits that after two months of the occurrence the prosecutrix lodged this

Patna High Court Cr.Misc. No.23980 of 2016 (3) dt.04-08-2016 2/2 case. The medical report does not support the version of prosecutrix and on account of dispute of wages the prosecutrix lodged this false case.

It appears that prosecutrix is a widow lady and she made allegation that on the pretext of providing job the petitioner exploited her sexually and did not give her wages and when she went to demand wages the petitioner assaulted her. Considering the nature of allegation, although the FIR was lodged after two months of the occurrence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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