The petitioner applied for anticipatory bail in a case involving allegations of rape. The High Court, considering the serious nature of the allegations, refused the prayer for bail without conducting a detailed hearing on the merits.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47114 of 2017
Arising Out of PS.Case No. -41 Year- 2017 Thana -AURAI District- MUZAFFARPUR
====================================================== 1. Indal Das S/o Ramshreshth Das, Resident of Village- Atrar, P.S. Aurai, District Muzaffarpur .... Petitioner Versus 1. The State of Bihar .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rajeev Ranjan No. II, Adv. For the Opposite Party : Mr. Bharat Bhushan, APP 156 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 13-11-2017 Heard both sides.
The petitioner apprehends his arrest in Aurai P.S. Case No. 41 of 2017 registered under Sections 376, 511 and other sections of the Indian Penal Code.
The learned counsel for the petitioner submits that there is case and counter case. The wife of the petitioner also lodged Aurai P.S. Case No. 42 of 2017. The occurrence is said to have taken place on 10.02.2017, but, the first information report was lodged on 03.03.2017, but, it appears from the perusal of the first information report that the victim made specific allegation that while she was all alone in her house, the petitioner entered into her house and made an attempt to outrage her modesty by dragging her inside the room. When the victim raised alarm, the petitioner fled away. The victim disclosed the fact to her in-laws.
Considering the nature of allegation, made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail.
Accordingly, the prayer for anticipatory bail is
rejected .
(Prabhat Kumar Jha, J)
SA/-
U √ T √
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving an allegation of attempt to outrage modesty under Section 376 IPC?
Indal Das
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
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