← Library
Patna High CourtCR. MISC./27916/2017rejected

Bikash Mandal @ Vikash Mandal v. The State Of Bihar

2017-07-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27916 of 2017 Arising Out of PS.Case No. -20 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. BIKASH MANDAL @ VIKASH MANDAL, son of Hiralal Mandal, resident of Village- Katoriya, P.S.- Rashalpur (Kahalgaon), DistrictBhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2017 Heard both sides.

The petitioner apprehends his arrest in Kahalgaon (Rashalpur) P.S. case No. 20/2015 for the offences punishable under Section 376/511 and other Sections of the Indian Penal Code.

The informant alleged that while she was sleeping with her daughter the petitioner, Vikash Mandal, along with Bharat Mandal entered into her house and made attempt to commit rape with the informant and her daughter.

The learned counsel for the petitioner submits that police submitted charge sheet under Section 354B and other Sections of the IPC. The I.O. did not find the allegation true under

Patna High Court Cr.Misc. No.27916 of 2017 (3) dt.21-07-2017 2/2 Section 376/511 of the IPC but it appears that there is allegation that petitioner entered into the house of informant in the late night and tried to outrage the modesty of her daughter. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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