IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.24495 of 2010
AMARNATH PRASAD @ AMAR
Versus
STATE OF BIHAR
3 19.11.2010
Heard learned counsel for the petitioner as well as
learned counsel for the state.
Originally the informant filed Complaint case which
was converted into Sare P.S. Case No. 28 of 2010.
The allegation against the petitioner is that he
attempted to commit rape upon the informant’s daughter and
when the informant’s son came to rescue her, he was assaulted
by the petitioner.
The contention of Learned counsel for the petitioner is
that, at best, it is a case of section 354 of the Indian Penal Code
which is bailable in nature and so far as allegation of theft is
concerned, the same appears to be super addition. His further
contention is that he is a member of PACKS committee and
one Ramchandra Prasad is the chairman of above-said PACK
committee and on account of some rivalry, the aforesaid
Ramchandra Prasad set up the informant and got instituted this
false case against the petitioner.
Regard being had to the facts and circumstances of
the case as well as submission of the parties, the prayer for
anticipatory bail of the petitioner, Amar Nath Prasad @ Amar is
rejected.
However the petitioner is directed to surrender before
-2-
the court below (Chief Judicial Magistrate, Nalanda at Bihar
Sharif) within 30 days from the receipt of the order to the
concerned court and if the petitioner so surrenders before the
learned court below, his prayer for regular bail shall be
considered by the learned court below on its own merit without
being prejudiced by this rejection order, particularly keeping in
mind the above said submission of the petitioner as well as this
aspect of the matter that the instant case has been initiated on
the basis of Complaint petition filed by the informant.
AKV/ (Hemant Kumar Srivastava,J.)