Bimal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37336 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- MURLIGANJ District- Madhepura ====================================================== Bimal Yadav, Son of Siyaram Yadav, Resident of Village- Gangapur, P.S.- Murliganj, District- Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma For the Opposite Party/s :

Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Murliganj P.S. Case No. 43 of 2018 registered for offences under sections 341, 323, 354-B, 379, 504, 506 of the Indian Penal Code.

A statement has been made that while the victim was sleeping, the petitioner entered into the house and tried to outrage her modesty. He gave some allurement to her but, when she refused his demand, the petitioner assaulted her with slap and fist.

Learned counsel for the petitioner submits that it is a cock and bull story, for settling the money dispute, the present case has been lodged and that too after ten days of the date of

Patna High Court Cr.Misc. No.37336 of 2018(3) dt.05-07-2018 2/2 occurrence without proper explanation of delay. Generally, the victim, in such cases, does not report to the police but, in the present case, the victim girl has mustered the courage, approached to the police and narrated the whole story.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.

If the petitioner surrenders before the court below within a period of three weeks from today and prays for bail, the court below will decide the case on the merit without being prejudiced by this order.

(Shivaji Pandey, J) rishi/- U T