Santosh Yadav @ Santosh Kumar ... vs The State Of Bihar
2021 Latest Caselaw 1945 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.33926 of 2020
   Arising Out of PS. Case No.-425 Year-2019 Thana- JAYNAGAR District- Madhubani
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Santosh Yadav @ Santosh Kumar Yadav, aged about 25 years, Male, Son of Late Suraj Narayan Yadav Resident of Village-Bengra Parasa, P.S. Jay Nagar, District-Madhubani.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s    :       Mr. Rakesh Kumar Sharma, Advocate
For the State           :       Ms. Gulnar Begum, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 13-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Rakesh Kumar Sharma, learned counsel

for the petitioner and Ms. Gulnar Begum, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner apprehends arrest in connection with

Jaynagar PS Case No. 425 of 2019 dated 22.08.2019, instituted

under Sections 341/323/324/354B of the Indian Penal Code.

4. The allegation against the petitioner is that he used

vulgar language in front of the informant and tried to outrage

her modesty but on cry raised by her he hit her by hasua causing

injury.

5. Learned counsel for the petitioner submitted that the Patna High Court CR. MISC. No.33926 of 2020 dt.13-04-2021

petitioner has been falsely implicated and the present case is a

counter case to the case lodged by the mother of the petitioner

against the father of the informant alleging that he had abused

her and tried to rape her but because the local SHO of the PS

was a friend of the father of the informant, he delayed in

lodging of the FIR. It was submitted that the petitioner has no

criminal antecedent.

6. Learned APP, from the case diary, submitted that the

injury of lacerated wound on the head has been found which

corroborates the factum of assault. It was further submitted that

witnesses have supported the prosecution story that the

petitioner tried to outrage the modesty of the informant. Learned

counsel further submitted that neither there is any motive given

nor there was past enmity, and, thus, there was no reason for the

informant to lodge this false case. It was pointed out that the

counter case in fact is a counter blast to the present case and has

been instituted on behalf of the petitioner's side only to create a

defence and is only a wild allegation, because the local SHO

was a friend of the father of the informant the case was not

lodged, for the reason that had it been true, the case would not

have been lodged but the case being lodged itself shows that

there was no such mala fide on behalf of the local SHO. It was Patna High Court CR. MISC. No.33926 of 2020 dt.13-04-2021

further submitted that the counter case by the mother of the

petitioner has been lodged after one day.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T