Govindra Kumar @ Govindra Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.42780 of 2016 (2) dt.25-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42780 of 2016 Arising Out of PS.Case No. -160 Year- 2015 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Govindra Kumar @ Govindra Ram S/o Anurag Ram R/o Semra P.S.- Mehsi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 25.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Mehsi P. S. case no. 160/2015 registered under section 376 and other minor sections of the Indian Penal Code.

There is specific allegation against the petitioner that he attempted to commit rape on the informant.

Learned counsel for the petitioner submits that there is delay of near about one week in lodging the first information report and moreover, parties have already compromised the case but I am not at all convinced with the aforesaid submissions because petitioner happens to be close relative of the informant and, therefore, delay in lodging the first information report is quite natural. Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to release the

Patna High Court Cr.Misc. No.42780 of 2016 (2) dt.25-11-2016 petitioner on anticipatory bail and hence, his prayer for anticipatory bail in connection with the above stated case stands rejected. However, this order shall not cause any prejudice to the competent court while considering regular bail application of the petitioner, if the petitioner surrenders within six weeks from the date of receipt of this order to the concerned court and seeks regular bail. It is made clear that if the petitioner surrenders before the Addl. Chief Judicial Magistrate VI, East Champaran at Motihari and file regular bail application, the same shall be disposed of on the same day and after that if regular bail application is filed before the learned Sessions Judge, the same shall be considered on its own merit. shahid (Hemant Kumar Srivastava,J) U T