Patna High CourtCR. MISC./49176/2015rejected

Akhilesh Yadav v. The State Of Bihar

2016-01-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49176 of 2015 Arising Out of PS.Case No. -180 Year- 2015 Thana -NAUBATPUR District- PATNA ====================================================== Akhilesh Yadav Son of Sri Kapil Yadav @ Kapil Raj Resident of village - Gopalpur, P.S. Naubatpur, District - Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rohit Mishra, Adv. For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 180/2015 registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and 3(I) (XI)(X) of the SC/ST (Prevention of Atrocities) Act. Allegedly, the petitioner kidnapped Priyanka Kumari, aged 16 years, the daughter of the informant. During investigation the victim in her statement recorded under Section 164 of the Cr.P.C. has stated that the petitioner has committed rape with her. Submission is of false implication and that the daughter of the informant went with the petitioner with her sweet will, the son of the informant though saw the petitioner taking away the

Patna High Court Cr.Misc. No.49176 of 2015 (3) dt.30-01-2016 2/2 daughter of the informant but no resistance was made, as a matter of fact due to some land dispute this false case has been lodged, the petitioner is suffering in custody since 06.04.2015 and he deserves sympathetic consideration.

Learned A.P.P. opposes the prayer of bail by submitting that from perusal of impugned order it reveals that the petitioner committed intercourse with her.

In the facts and circumstances stated above, considering that the allegation against the petitioner is serious in nature, I am not inclined to enlarge the petitioner, above named, on bail and accordingly his such prayer stands rejected.

(Jitendra Mohan Sharma, J.) Rakhi U T