Amarendra Upadhaya @ Amrendra Kumar Upadhya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2871 of 2019 Arising Out of PS. Case No.-167 Year-2018 Thana- HATHUA District- Gopalganj ====================================================== Amarendra Upadhaya @ Amrendra Kumar Upadhya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate Mr. Ashok Kumar, Advocate For the State :

Mr.Anil Kumar, A.P.P.

For the Informant : Mr. Satendra Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-03-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Hathwa P.S.Case No. 167 of 2018, registered for offences punishable under Sections 376, 511 of the Indian Penal Code. As per F.I.R., allegation against the petitioner is of trying to commit rape upon the informant.

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and the petitioner has no criminal antecedent. It is further submitted that there is land dispute prevailing in between the parties and earlier a case has been lodged by this petitioner against the informant.

Heard learned A.P.P. as well as learned counsel

Patna High Court CR. MISC. No.2871 of 2019(3) dt.07-03-2019 2/2 for the informant, who opposes the prayer for bail. In view of allegation against the petitioner, above named, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) sudha/- U T