Rambhog Pal v. The State Of Bihar

Patna High Court Cr.Misc. No.54956 of 2016 (2) dt.22-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54956 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ====================================================== Rambhog Pal, Son of Bineshari Pal, resident of village - Parmalpur, P.S. - Bhagwanpur, Distt. - Kaimur (Bhabua).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ram Niwas Prasad, Advocate. For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila, Bhabhua P.S. Case No. 33 of 2016 registered under Sections 376 and 354(B)/34 of the Indian Penal Code and Section 6 of POCSO Act, pending in the court of Additional Sessions Judge, Kaimur (Bhabhua).

The accusation is that in course of returning of informant after watching the V.C.R. in the night, petitioner along with Jawahar Paswan and Sishu Kumar Singh tid her mouth and took to the house of Algu Paswan and started to out raise her modesty. When the informant made protest then Jawahar Paswan and Sishu Kumar Singh caught hold her hand and this petitioner

Patna High Court Cr.Misc. No.54956 of 2016 (2) dt.22-12-2016 tried to commit rape on her.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to ulterior motive. Further submission is that petitioner has no criminal antecedent.

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