Shambhu Rishideo v. The State Of Bihar

Patna High Court Cr.Misc. No.54899 of 2017 (2) dt.21-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54899 of 2017 Arising Out of PS.Case No. -561 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Shambhu Rishideo, Son of Satto Rishideo, Resident of VillageMaheshmudi, Risideo Tola, P.S.- Forbesganj, Dist.- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Forbesganj P.S. Case No. 561 of 2017 registered under Sections 354A, 354B and 504/34 Indian Penal Code, pending in the court of Chief Judicial Magistrate, Araria. The accusation is that in the evening of 20.07.2017, daughter of informant was returning to Fulwaria Hat on purchasing the vegetables. In the way, petitioner along with Indal Rishideo and two unknown forcibly took her in Patua field and tried to commit rape on her. On raising alarm, petitioner along with others tore her cloths and fled away.

Learned counsel for the petitioner submits that, in

Patna High Court Cr.Misc. No.54899 of 2017 (2) dt.21-11-2017 fact, on the alleged date of occurrence, Shiv Nand Das, husband of the informant, entered in the house of the petitioner and tired to outrage the modesty of his mother, regarding which, petitioner went at the police station to lodge the F.I.R., but the F.I.R. was not lodged. Thereafter, mother of the petitioner filed Complaint Case No. 1752 of 2017 on 28.07.2017 in the court of Chief Judicial Magistrate, Araria.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T