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Patna High CourtCR. MISC./26488/2015rejected

Rajendra Yadav And ANR v. The State Of Bihar

2015-07-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26488 of 2015 Arising Out of PS.Case No. -51 Year- 2015 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Rajendra Yadav Son of Deoki Yadav

2. Manoj Yadav Son of Late Krishna Yadav Both are resident of Bhagwanpur, P.S.- Chandi, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-07-2015 Heard learned counsel for petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Mahila P.S. Case No. 51 of 2015 registered for the offence under Sections-341, 354(B), 354(C), 506/34 of the Indian Penal Code. Petitioners are said to have outraged the modesty of the informant in public view.

The contention on behalf of the petitioners is that the informant has been set up by one Kavindra Prasad with whom, Ramsewak Prasad @ Darogi Gope has inimical terms and petitioners are relative of aforesaid Ramsewak Prasad @ Darogi Gope. It is further contended by him that prior to institution of the

Patna High Court Cr.Misc. No.26488 of 2015 (2) dt.17-07-2015 2/2 present case, the aforesaid Ramsewak Prasad @ Darogi Gope had given an informatory petition against aforesaid Kavindra and others in the court of Learned Sub Divisional Judicial Magistrate, Hilsa and after that, the present case has been lodged. It is also pointed out on behalf of the petitioners that prior to institution of the present case, the sister of the informant lodged Nalanda (Mahila) P.S. Case No. 40 of 2015 against petitioners. Regard being had to the facts and circumstances of the case as well as submission of the parties; I am not inclined to extend the privilege of anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail in connection with Mahila P.S. Case No. 51 of 2015 pending in the court of Additional Chief Judicial Magistrate, /concerned court, Hilsa, Nalanda stands rejected.

However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioners.

(Hemant Kumar Srivastava, J) A.K.V./- U T