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Patna High CourtCR. MISC./67258/2018rejected

Shahjad @ Shahjad Ali v. The State Of Bihar

2019-01-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67258 of 2018 Arising Out of PS. Case No.-41 Year-2017 Thana- MAHILA PS District- Gopalganj ====================================================== Shahjad @ Shahjad Ali, S/o Shamshad Ali, R/o Village- Baletha Purab Patti, P.S.- Siwan Muffasil, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Gopalganj Mahila Police Station Case No.41 of 2017 registered for the offences punishable under Sections 354 of the Indian Penal Code.

Allegation against the petitioner is of sexual harassment to a married lady.

Submission of learned counsel for the petitioner is that since the petitioner had advanced money to the father of the informant on the occasion of the marriage of the informant and the father of the informant was not refunding the same, petitioner lodged Complaint Case No.1546 of 2017 and by way of retaliation the present case has been lodged.

Patna High Court Cr.Misc. No.67258 of 2018(3) dt.21-01-2019 2/2 Learned counsel for the State opposed the prayer for anticipatory bail on the ground that even if allegation of advancement of money is assumed to be correct that cannot give a privilege to the petitioner to commit the act, which is alleged in the F.I.R.

Considering the nature of allegation, I am not inclined to enlarge the petitioner, above named, on anticipatory bail. Hence, prayer is refused.

(Birendra Kumar, J) abhishek/- U T