Banarsi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11086 of 2016 Arising Out of PS.Case No. -473 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Banarsi Yadav Son of late Chamak Lal yadav Resident of Village-Jiwan Khutahri PS Mehagama District Godda (Jharkhand) .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section376 of the Indian Penal Code. There is specific allegation of rape against the petitioner but submission on behalf of petitioner is that according to prosecution case itself, the alleged occurrence took place in the night of 29/30-07-2015 but the first information report was lodged on 02-08-2015 and no explanation of the aforesaid delay has been given by the informant. It is further submitted on behalf of petitioner that the medical report also does not corroborate the allegation of rape.

Regard being had to the facts and circumstances of the

Patna High Court Cr.Misc. No.11086 of 2016 (3) dt.28-03-2016 2/2 case as well as above-said submission of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Kotwali (Barari) P.S. Case No. 473 of 2015 corresponding to Sessions Trial No. 687 of 2015 pending in the court of Learned Additional District & Sessions Judge-Vth, Bhagalpur stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T