Shailesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.2775 of 2017 (2) dt.04-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2775 of 2017 Arising Out of PS.Case No. -67 Year- 2016 Thana -KHAIRA District- SARAN ====================================================== Shailesh Kumar son of Harendra Mahto, R/o village- Patedha, P.S.- Khaira, District- Chapra .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Khaira P.S. Case No. 67 of 2016 registered for the offences punishable under Sections 147, 341, 504, 506, 376, 328 of the Indian Penal Code.

Allegedly, the petitioner mixed intoxicating articles in cold drink and sexually exploited the informant and on threat the petitioner used to exploit her sexually, he also went to Calcutta along with the informant where also he sexually assaulted her, his father came and brought Shailesh Kumar from the house of the brother of the informant and when the informant was returning, the petitioner and other accused assaulted her making allegation that she had kidnapped Shailesh Kumar.

Submission is of false implication and that in this case

Patna High Court Cr.Misc. No.2775 of 2017 (2) dt.04-02-2017 other co-accused Harendra Mahto and others have been allowed pre-arrest bail vide Cr.Misc. No. 43615 of 2016 by another coordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration to which the learned APP seriously opposes.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T