Patna High CourtCR. MISC./76948/2024bail rejected

Sabir v. The State Of Bihar

2025-01-29Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76948 of 2024 Arising Out of PS. Case No.-182 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Sabir Son of Sk. Gaffar @ Abdul Gaffar R/o village- Sapahi P.S.- Dhaka District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Dhannjay Kumar II, Advocate.

For the State :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Dhaka P.S. Case No. 182 of 2024 dated 5.5.2024 registered for the offences punishable under Sections 341, 323, 354, 354(A), 452 and 506 of the Indian Penal Code.

3. As per allegation, the petitioner intruded in the house of the informant in the early morning and tried to commit rape upon her. However, on hulla being raised, the neighbour came and, thereafter, the accused persons fled away.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that on account of previous enmity and on account of none settlement of marriage between the daughter

Patna High Court CR. MISC. No.76948 of 2024(3) dt.29-01-2025 2/2 of the informant and son of the petitioner, the present case has been filed.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail submitting that the allegation is serious in nature because the dignity of woman has been compromised by the petitioner and, hence, he does not deserve the anticipatory bail.

8. Considering the aforesaid facts and circumstances, I am not persuaded to enlarge the petitioner on anticipatory bail.

9. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

(Jitendra Kumar, J) S.Ali/- U T