Patna High CourtCR. MISC./33528/2016rejected

Ratan Kumar Yadav v. The State Of Bihar

2016-08-20Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.33528 of 2016 (2) dt.20-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33528 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -JAMALPUR District- DARBHANGA ====================================================== Ratan Kumar Yadav son of Narayan Yadav, R/o village- Amrit Nagar, P.S.- Jamalpur, District- Darbhanga .... .... Petitioner

Versus

The State of Bihar ... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Jamalpur P.S. Case No. 47of 2016 registered for the offences punishable under Sections 453, 376/511 of the Indian Penal Code. Allegedly, the petitioner tried to outrage the modesty of the informant when she was sleeping in her Veranda in the night at about 10:00 pm and in that process the petitioner torn her clothes and also assaulted her.

Submission is of false implication and that the occurrence is of 04.06.2016 but the written application has been submitted on 06.06.2016, no offence as alleged is made out and as such the petitioner deserves sympathetic consideration to which the learned APP seriously opposes.

In the facts and circumstances stated above, considering

Patna High Court Cr.Misc. No.33528 of 2016 (2) dt.20-08-2016 the allegation attributed against the petitioner, this Court is not inclined to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected. However, in case and if so advised, the petitioner surrenders and seeks regular bail then the same shall be considered on its own merit without being prejudiced by this order. (Jitendra Mohan Sharma, J) avin/- U T