The Patna High Court refused the petitioner's application for anticipatory bail. The Court held that the allegations of attempt to rape and assault, supported by injuries sustained by prosecution witnesses, warranted rejection of the bail prayer.
Prayer for anticipatory bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9944 of 2014
====================================================== Kamaruddin S/O Gulam Rasool Resident Of Village Sherna Bashantpur, P.S. Kanti, District Muzaffarpur. .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Neeraj Kumar @ Sanidh For the Opposite Party/s : A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 2 03-06-2014 Heard learned counsel for the parties. Having regard to the nature of allegation against the petitioner for offence under sections 147, 323, 324, 326, 307, 354, 504 and 506 of the Indian Penal Code this Court is not inclined to grant anticipatory bail to the petitioner for a simple reason that whatever has been alleged by the prosecution with regard to assault against the petitioner stands substantiated from the injury on the person of Idrish Mian and Md. Razak, inasmuch as the entire occurrence as alleged has taken place on account of an attempt of rape made by the petitioner which led to altercation between the two families.
The mere fact that on account of arrival of the family members the petitioner could not be successful in mission of raping the daughter of the informant will not make the entire occurrence false specially when there are two persons, namely,
Patna High Court Cr.Misc. No.9944 of 2014 (2) dt.03-06-2014
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Idrish Mian and Md. Razak who had also received grievous injuries in course of assault which had taken place. The plea that there was also injury in the counter case against two of the persons in fact will also not inspire confidence for a simple reason that not only those injuries are superfluous but also do not seem to have been the result of the defence that could have been projected by them.
Be that as it may, this Court is not inclined to grant anticipatory bail to the petitioner Kamaruddin. His prayer for anticipatory bail is, therefore, rejected.
Nothing said in this order, however, will come in the way of the petitioner if he surrenders and makes a prayer for regular bail which of course will be decided on its own merit.
(Mihir Kumar Jha, J)
surendra/-
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging attempt to rape and assault under various sections of the Indian Penal Code.
Whether injuries sustained by prosecution witnesses substantiate the allegations against the petitioner.
Kamaruddin
The State Of Bihar
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
