Vishwanath Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.37938 of 2015 (4) dt.08-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37938 of 2015 Arising Out of PS.Case No. -61 Year- 2014 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Vishwanath Yadav Son of Yugal Yadav resident of village - Mudera, Police Station - Kako in the district of Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 08.12.2015 A sealed bag was received from the Director, Forensic Science Laboratory, Patna. The sealed bag was opened in presence of all the parties.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

There is specific allegation of rape against the petitioner, although medical report does not support the story of rape but FSL report shows that semen was found on the cloth of the informant. Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Jehanabad (Mahila) P.S. Case no. 61/2014 pending in the court of Addl. Sessions Judge I, Jehanabad stands rejected, at least, at this stage.

Office is directed to seal the FSL report again and send it to

Patna High Court Cr.Misc. No.37938 of 2015 (4) dt.08-12-2015 the concerned court immediately for needful.

Shahid (Hemant Kumar Srivastava,J) U T