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Patna High CourtCR. MISC./55499/2019rejected

Rahul Kumar Rai @ Rahul Rai v. The State Of Bihar

2019-09-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55499 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== RAHUL KUMAR RAI @ RAHUL RAI Son of Pandit Rai Resident of Village- Raghunathpur, P.S. - S. Kamal, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-09-2019 Heard both sides.

The petitioner apprehends his arrest in S. Kamal P.S. Case No.97 of 2019 registered under Sections 456, 354(B) and 379 of the Indian Penal Code.

The informant disclosed that the petitioner entered into her house in the night with an intention to outrage her modesty and when the victim alarmed, the petitioner took away her ornaments and fled away.

The learned counsel for the petitioner submits that there is a land dispute between two sides and on account of such dispute, this false case has been lodged but it appears that no paper showing the land dispute is filed on behalf of the petitioner. The victim made specific allegation that the petitioner after entering into her house in the night dragged her with an

Patna High Court CR. MISC. No.55499 of 2019(2) dt.04-09-2019 2/2 intention to outrage her modesty but the petitioner could not succeed and fled away after snatching her ornaments. The police found the case true under Section 376 and 506 of I.P.C. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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