Vedanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17375 of 2016 Arising Out of PS.Case No. -465 Year- 2015 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Vedanand Yadav, Son of Ganeshi Yadav @ Ganesh Yadav of VillageShishura, P.S.- K. Nagar, District- Purnea. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 24-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with K. Nagar PS case no. 465/2015 registered for the offences punishable under Sections 376A, 302, 201, 326A of Indian Penal Code and 3 and 4 POCSO Act.

Allegedly Kiran Kumari aged about 08 years, daughter of the informant did not return after immersion of the idol of God Vishwakarma and Kajal niece of the informant informed that Kiran Kumari went with the petitioner. Thereafter, the petitioner stated the

informant about his daughter and there, the dead body of Kiran Kumari was found having acid burn injuries. Submission is of false implication and that prosecution story appears not probable and reliable, no offence as alleged is made out against the petitioner, there is no witness of actual killing or of committing rape and only on suspicion, the petitioner is suffering in custody. without any proper investigation, charge sheet has been submitted, there is no chance of tampering with prosecution evidence.

Learned A.P.P. opposes the prayer for bail by submitting that Kajal has supported during investigation that petitioner took away the deceased and further on the basis of disclosure made by the petitioner, the dead body was recovered and doctor has also found sign of rape.

In the facts and circumstances stated above, considering the allegation against the petitioner serious in

nature, I am not inclined to enlarge the petitioner on bail and as such, the prayer stands rejected.

(Jitendra Mohan Sharma, J.) rinkee/- U T