Ravindra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33711 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -PARWATTA District- KHAGARIA ====================================================== Ravindra Mishra , son of Bala Mishra, resident of Village Kanhaiya Chak, P.S. parbatta, District Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in Parbatta P.S. Case No.70 of 2017 instituted for the offences under Sections 147, 149, 323, 324, 224, 307, 337, 379, 353, 333, 427 and 504 of the Indian Penal Code.

As per First Information Report the police has gone to arrest the present petitioner, he was identified by the local Chaukidar. He was brought to the Jeep whereaftr the wife of the petitioner and daughter-in-law started raising alarm upon which villagers assembled. It has further been alleged that in course of scuffle one Chanakya alis Chantim took out knife from his pocket and caused injury upon the thigh of police personnel.

Patna High Court Cr.Misc. No.33711 of 2017 (5) dt.14-09-2017 Ultimately they got released the petitioner from the police. Learned counsel for the petitioner submits that two ASI came in the house of the petitioner in the night and they tried to outrage the modesty of female inmates whereupon resistance was made by the inmates and illegal fact has been mentioned in the Fardbeyan.

This Court on the basis of the submission is directed the Superintendent of Police, Khagaria to get the matter enquired and submit the report. He in his turn authorized the Dy.S.P. to hold an enquiry and furnish the report.

Report dated 24.7.2017 itself shows the manner the petitioner family members have behaved with the police. Learned counsel for the petitioner submits that SHO has tampered in the First Information Report for which he has filed an application for action against him. He has tendered unqualified apology for the same.

Be that as it may, the Chief Judicial Magistrate, Khagaria recorded in his report that whitener has been used by the Officer In-charge in the First Information Report and he has tendered unqualified apology for the same.

In such view of the matter, this Court is not inclined to

Patna High Court Cr.Misc. No.33711 of 2017 (5) dt.14-09-2017 enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected.

(Shivaji Pandey, J) Vinay/- U T