Patna High CourtCR. MISC./5455/2023bail rejected

Madan Yadav v. The State Of Bihar

2023-06-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5455 of 2023 Arising Out of PS. Case No.-8 Year-2019 Thana- MAHILA P.S. District- Saharsa ====================================================== MADAN YADAV S/O LATE TILEY YADAV RESIDENT OF VILLAGESABAILA, P.S.- SOUR BAZAR (BAIJNATHPUR O.P.), DISTRICTSAHARSA. ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar , Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under section 342, 365, 366 (A), 376 (D), 34 of the Indian Penal Code read with section-4 of POCSO Act.

As per the prosecution case this petitioner along with other co-accused persons kidnapped the the minor daughter of the informant Rambha Devi along with the neighbour girl and both were raped.

Patna High Court CR. MISC. No.5455 of 2023(3) dt.23-06-2023 2/2 It is submitted on behalf of the petitioner that petitioner is quite innocent and has falsely been implicated in this case. Petitioner is not named in the F.I.R and final form has already been submitted in this case. Petitioner claims clean antecedent.

Learned counsel for the State opposed the prayer for the bail petition and submitted that the delay in initiation of the case was due to non-registration of the FIR by the SHO Baijnathpur (O.P.). The name of the petitioner transpired during the course of investigation. Both the minor girls (victim) have supported the entire prosecution in their statement under section 161 and 164 of Cr.P.C along with the mother against this petitioner and other co-accused persons.

Considering the statement of the victims under section 164 of Cr.P.C and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Kaushik/- U T