Birendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13771 of 2017 Arising Out of PS.Case No. -95 Year- 2015 Thana -CHAUSA District- MADHEPURA ======================================================

1. Birendra Mandal, Son of Parmanand Mandal, Resident of village - Chanda, Raghopur Tola, P.S. Chousa, District - Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2017 Heard both sides.

The petitioner apprehends his arrest in Chousa P.S. Case no. 95 of 2015 registered for the offence punishable under Sections 376/511 of the Indian Penal Code.

It is alleged that while the informant was sleeping in her house, the petitioner entered into her house and attempted to commit rape on her.

Learned counsel for the petitioner has submitted that the occurrence took place on 10.09.2015 but the instant F.I.R. has been lodged on 18.09.2015 i.e. after lapse of 8 days. It has further been submitted that matter has been compromised between the parties before the Panchayat.

Learned A.P.P. for the State has submitted that there

Patna High Court Cr.Misc. No.13771 of 2017 (4) dt.29-06-2017 2/2 is direct allegation of attempt to commit rape with the victim against the petitioner.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

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