Pradeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3593 of 2019 Arising Out of PS. Case No.-366 Year-2018 Thana- MURLIGANJ District- Madhepura ====================================================== Pradeep Yadav, son of Late Mahabir Yadav, resident of Vill-Parmanandpur, P.S-Murliganj,Distt.-Madhepura.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Samir Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2019 Petitioner seeks bail in anticipation of his arrest in connection with Murliganj P.S. Case No. 366 of 2018 registered for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioner is of committing rape upon a minor girl of the informant.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case due to land dispute and petitioner is aged about 62 years. Heard learned APP, who has opposed the prayer for anticipatory bail stating that petitioner has committed rape on a minor girl and medical report also supports the allegation. Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant

Patna High Court Cr.Misc. No.3593 of 2019(3) dt.22-02-2019 2/2 privilege of anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T