Rupesh Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51351 of 2018 Arising Out of PS.Case No. -379 Year- 2018 Thana -NAWADA District- NAWADA ======================================================
1. Rupesh Kumar, S/o Vijay Prasad,
2. Nitish Kumar S/o Sanjay Ram, Both R/o Vill.- Purnadih, P.S.- Nawada, Dsitrict- Nawada.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2018 Heard learned counsel for the petitioners.
Petitioners apprehend their arrest in connection with Nawada Town P.S.Case No. 379 of 2018 registered for the offences punishable under Sections 447, 448, 341, 323, 324, 376/511 and 34 of the Indian Penal Code.
Allegation against the petitioners is that they along with others entered inside the house of the informant and caught hold of her and co-accused Uttam Kumar tried to commit rape upon her and when she raised alarm her family members assembled there and thereafter Uttam Kumar assaulted her Bhabhi Soni Devi by knife, causing injury on her forehead. Further it appears that earlier also brother of informant has lodged a Sanha against the petitioners for teasing her.
Patna High Court Cr.Misc. No.51351 of 2018 (2) dt.17-09-2018 2/2 Submission of learned counsel for the petitioners is that there is counter case with respect to payment of tuition fee and as such they have falsely been implicated in this case. Heard learned APP also.
Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners, rather petitioners to surrender and make prayer for regular bail.
With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U