Patna High CourtCR. MISC./52607/2018dismissed

Mahendra Yadav v. State Of Bihar And ANR

2018-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52607 of 2018 Arising Out of PS. Case No.-987 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== Mahendra Yadav son of Parmeshwari Mahto, resident of village Vishanpur, P.O. Madopur, Gram Panchayat, via P.S. Chandramdip, District Jamui ... ... Petitioner/s

Versus

1. State Of Bihar

2. Radha Devi wife of/Husband of Vichhnu Yadav aged about 33 years, resident of village Visanpur, Police station Chandramdip, District Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Muneshwar Prasad For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Complaint case No.987C of 2017 registered under Sections 323, 341, 506, 354B/34, 379 of the Indian Penal Code, pending in the court of Sri M.K. Pandey, J.M. 1st class, Jamui. Allegation is that the petitioner pulled her Saree and tried to outrage the modesty of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The dispute was in respect of irrigation of field.

Patna High Court Cr.Misc. No.52607 of 2018(2) dt.20-09-2018 2/2 There is no injury report to support the prosecution case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. There is specific allegation against the petitioner for outraging the modesty of the informant in question. The petitioner has committed an offence under Section 354B of the I.P.C.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T