Samsul Hoda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57400 of 2019 Arising Out of PS. Case No.-43 Year-2017 Thana- MAHILA PS District- Gopalganj ====================================================== SAMSUL HODA Son of Mobarak Mian Resident of Village- Manjhagarh, Sipah Khas, Tola- Parshurampur, Police Station- Manjhagarh, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2019 Heard both sides.

The petitioner apprehends his arrest in Gopalganj (Mahila) P.S. case No. 43/ 2017 registered under Section 448, 354, 34 of the IPC.

The gist of the allegation is that the petitioner entered into house of the informant and made attempt to outrage her modesty. When the informant came out crying from the house she saw other accused persons standing outside the house but they all fled away when the villagers came there. The learned counsel for the petitioner submits that petitioner is agnate of the informant and on account of land dispute this false case has been lodged but from perusal of the FIR itself, it appears that the informant made very specific

Patna High Court CR. MISC. No.57400 of 2019(2) dt.18-09-2019 2/2 allegation that it was the petitioner who not only entered into her house but also made all efforts to outrage her modesty. Taking into consideration the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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