Patna High CourtCR. MISC./44396/2017rejected

Vishwanath @ Budhiyar Sah And ANR v. The State Of Bihar

2017-09-21Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44396 of 2017 Arising Out of PS.Case No. -85 Year- 2017 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Vishwanath @ Budhiyar Sah, Son of Late Madho Sah,

2. Laddu Lal Sah, Son of Late Madho Sah, Both R/o Village- Sundarpur, P.S.- Supaul, District- Supaul.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Pramod Mishra, Advocate For the Opposite Party : Smt. Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Mahila P.S. Case No. 85 of 2017, registered for the offences punishable under Sections 341, 342, 448, 323, 354, 354(B), 379, 504, 506/34 of the Indian Penal Code.

In the First Information Report besides other allegations there is allegation also against the petitioner that petitioner no.1 tired to commit rape with the informant whereas petitioner no.2 tried to outrage the modesty of the daughter of the informant and both torn their cloths and made them half naked. Submission is of false implication and that a complaint case has also been filed vide Annexure-2 by the

Patna High Court Cr.Misc. No.44396 of 2017 (2) dt.21-09-2017 2/2 petitioner no.1, due to land dispute the occurrence has taken place and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioners, I am not inclined to grant privilege of pre-arrest bail to them and accordingly their such prayer stands rejected in connection with Mahila P.S. Case No. 85 of 2017, pending in the Court of learned Chief Judicial Magistrate, Supaul.

(Jitendra Mohan Sharma, J.) Rajiv/- U T