Patna High CourtCR. MISC./2969/2015dismissed

Ghural Singh v. The State Of Bihar

2015-01-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2969 of 2015 Arising Out of PS.Case No. -43 Year- 2014 Thana -ARA HARIJAN District- BHOJPUR ====================================================== Ghural Singh, S/o- Lalan Singh, R/o Village - Kueiya, P.S. - Barahara, District- Bhojpur, Ara .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-01-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered under Section 376, 511 and other sections of the Indian Penal Code and Section 3(i)(x)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The informant made allegation that the petitioner caught her and thereafter made an attempt to outrage her modesty. Learned counsel for the petitioner submits that the grand-father of the petitioner was also present and it is not probable that the petitioner, in presence of his grand-father, may have committed such offence. All the allegations are false and concocted.

The learned A.P.P., however, opposed the prayer for anticipatory bail. It is submitted that the occurrence is said to have

Patna High Court Cr.Misc. No.2969 of 2015 (2) dt.21-01-2015 2/2 taken place on 04.07.2014, but the F.I.R. was lodged on 08.07.2014 and, for that, there is no explanation. Having considered the fact that the informant Dhanwanti Devi herself made a very specific allegation that the petitioner caught her and thereafter made an abortive attempt to outrage her modesty, hence, I am not inclined to enlarge the petitioner on anticipatory bail in Bhojpur, Ara SC/ST P.S. Case No. 43/14, pending in the court of the learned Chief Judicial Magistrate, Bhojpur, Ara.

Accordingly, the application for anticipatory bail is rejected.

The petitioner, if so advised, may surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced by this order.

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