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Patna High CourtCR. MISC./50582/2015rejected

Jitendra Kumar v. The State Of Bihar

2015-12-07Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50582 of 2015 Arising Out of PS.Case No. -55 Year- 2015 Thana -NARHAT District- NAWADA ====================================================== Jitendra Kumar, Son of Uma Shankar Prasad, Resident of Village - Hasapur, P.S. Narhat, District - Nawada.

.... .... 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 RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 07-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Narhat P.S. Case No.55 of 2015 registered under Sections 341, 323, 448, 504, 376, 511, 354(B) and 506/34 of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate, Nawada.

The allegation against the petitioner and two others is that they entered the house of the informant and made attempt to commit rape upon her.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the next door neighbour of the

Patna High Court Cr.Misc. No.50582 of 2015 (3) dt.07-12-2015 2/2 informant and has falsely been implicated in this case by the informant as the petitioner and the informant had made quarrel with each other for the removal of goat.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court on its own merit without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T