Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32622 of 2018 Arising Out of PS.Case No. -27 Year- 2018 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Upendra Yadav, Son of Satyendra Yadav, Resident of Village- MohallaAhirpurba, P.S. Ara Nagar, District- Bhojpur, Ara. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Suresh Prasad Singh For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Mahila P.S.Case No.27 of 2018 registered for offences punishable under Sections 354(B), 506 and 34 of the Indian Penal Code. Allegation against the petitioner is that they entered inside the house of the informant and tried to disrob her and tried to tear her 'Saya' and also tried to commit rape upon her. Submission of the learned counsel for the petitioner is that the petitioner is a student whereas the victim is 50 years old and she has son and daughter. There was land dispute from earlier and due to which he has been falsely implicated in this case. Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that the

Patna High Court Cr.Misc. No.32622 of 2018 (2) dt.28-06-2018 2/2 allegations are serious against the petitioners. Having heard both sides and in view of the facts and circumstances, as stated above, this is not a case for grant of anticipatory bail as such let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T