Naushad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41250 of 2016 Arising Out of PS.Case No. -482 Year- 2016 Thana -SITAMARHI District- SITAMARHI ====================================================== Naushad Ansari, Son of Shabuddin Ansari, resident of Village - Girmishani, P.S. & District - Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar, Advocate. For the Opposite Party/s : Mr. Atul Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2016 Heard both sides.

The petitioner apprehends his arrest in Sitamarhi P.S. Case No. 482/2016 under Sections 376, 511 and other sections of the Indian Penal Code.

The prosecutrix made allegation against the petitioner that he entered into her house and made an attempt to outrage her modesty. The learned counsel for the petitioner submits that the petitioner is a next door neighbour and agnate of the prosecutrix. The prosecutrix herself appeared in court with a petition stating therein that on account of land dispute, the prosecutrix filed the case but it appears that there is no documentary proof of land dispute.

It appears that the prosecutrix made specific allegation that the petitioner attempted to commit rape with her

Patna High Court Cr.Misc. No.41250 of 2016 (2) dt.17-10-2016 2/2 after entering into her house.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Sitamarhi P.S. Case No. 482 of 2016. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T