Jagarnath Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54079 of 2015 Arising Out of PS.Case No. -138 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Jagarnath Sahani S/o Vishwanath Sahani R/o Village - Jhitkahiya, P.S. - Sadar (Lakhaura) District - East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Harendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and the State.
Petitioner had earlier moved this Court for grant of anticipatory bail, which was rejected, is apprehending his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 354, 294, 379, 376, 511/34 of the Indian Penal Code.
The prosecution case is that the petitioners tried to outrage the modesty of the informant. On protest being made, the accused persons assaulted the husband of the informant and snatched Rs. 25,000/- from his pocket.
It is submitted by the learned counsel for the petitioner that even assuming the accusation, no offence under Section 376 is made out and now the informant has retracted
Patna High Court Cr.Misc. No.54079 of 2015 (2) dt.30-11-2015 from her initial version.
Considering the fact that earlier bail application of the petitioner has been rejected, this Court is not inclined to entertain the bail application.
In view of the retracted version of the informant and the fact that other co-accused persons have been granted bail, it is a case for consideration of prayer for regular bail of the petitioner, if he surrenders before the learned court below within a period of six weeks from today in connection with Mufassil (Lakhaura) P.S. Case No. 138 of 2014, pending in the court of learned Sub-Divisional Judicial Magistrate, Sadar East Champaran at Motihari.
With this observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T