Umesh Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.966 of 2017 Arising Out of PS.Case No. -13300 Year- 2014 Thana -BEGUSARAI COMPLAINT CASE DistrictBEGUSARAI ====================================================== Umesh Das, Son of Rajo Das, Resident of Village- Fateha, P.S.- Bachhwara, District- Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Nazir Ansari, Advocate For the Opposite Party/s : Mr. Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with Complaint Case No.13300 of 2014 registered under Sections 323, 341, 354, 504 and 379 of the Indian Penal Code. Allegation in brief is that the petitioner along with others entered inside the house of the informant and made an attempt to commit rape and outraged her modesty; when the informant raised alarm, petitioner escaped away. Learned counsel for the petitioner submits that due to some land dispute, this petitioner has falsely been implicated in this case; moreover the petitioner also lodged a case on 23.9.2014 against the informant of the present case and other co-accused have been granted anticipatory bail by the court below.

Patna High Court Cr.Misc. No.966 of 2017 (3) dt.18-03-2017 2/2 The allegation of outraging her modesty and making attempt of rape is specific only against this petitioner and there appears no tangible material on record to show any land dispute. Having considered the said facts and circumstances, the prayer for anticipatory bail of the petitioner is rejected. However, if he surrenders and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Arun Kumar, J) N.H./- U T