Upendra Pandey@Upendra Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29148 of 2015 Arising Out of PS.Case No. -216 Year- 2014 Thana -MALSALAMI District- PATNA ======================================================

1. Upendra Pandey @ Upendra Kumar S/o Sri Mahesh Kumar Jha Resident of Village Bhasani Tola, Police Station Malsalami, District Patna.

2. Deepak Kumar S/o Raj Kumar Gupta Resident of Kaumashikoh, P.S. Chowk, District Patna.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Arvind Kumar Mouar, Advocate.

For the Opposite Party : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-07-2015 Heard both sides.

The petitioners apprehend their arrest in Malsalami P.S. Case No. 216 of 2014, registered for the offences punishable under Sections 376/511 and other Sections of the Indian Penal Code.

The victim made allegation that the petitioners and others entered into the house and made abortive attempt to commit rape. Both the petitioners managed to flee away, but two persons were apprehended on the spot.

It is submitted that one Bajrangi Prasad Gupta was assaulted by the family members of the informant and since both these petitioners and others tried to save Bajrangi Prasad Gupta,

Patna High Court Cr.Misc. No.29148 of 2015 (2) dt.27-07-2015 2/2 this case has been lodged.

Considering the facts aforesaid and the fact that specific allegation is made against the petitioners that they made abortive attempt to commit rape with the victim, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T