Milan Yadav @ Milan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2463 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- BARARI District- Katihar ====================================================== Milan Yadav @ Milan Kumar Yadav Son of Late Lakho Yadav Resident of village- Laxmipur PS- Barari District- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Moti Kumari Daughter of Chhotelal Das village- Chhoti Bhaish Diyara, PsBarari, Dist- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar, Advocate For the Opposite Party/s :
Mr. Binay Krishna, A.P.P.
For O.P. No. 2 :
Mr. Ajit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner, O.P. No. 2 and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Barari P. S. Case No. 11 of 2024 in a case registered for the offences punishable under Sections 363(A), 366(A), 376, 323, 504, 354 of the Indian Penal Code, Section 4 of the Protection of Children from Sexual Offences Act and Section 3(s)(2)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
3. As per the prosecution case, this petitioner kidnapped the informant and committed rape with her on pretext of marriage.
Patna High Court CR. MISC. No.2463 of 2025(2) dt.05-03-2025 2/2
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner never kidnapped the informant nor committed rape with her. There is no injury mark on the body of informant to support the prosecution story. Petitioner is in custody since 22.07.2024.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application and submitted that victim in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case and medical report also goes to show that victim was sexually assaulted.
6. Considering the nature of accusation and statement of the victim recorded under Section 164 Cr.P.C., prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J) Navya/- U T