Patna High CourtCR. MISC./26252/2015rejected

Bauka Yadav v. The State Of Bihar

2015-10-08Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.26252 of 2015 (3) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26252 of 2015 Arising Out of PS.Case No. -147 Year- 2014 Thana -JANKINAGAR District- PURNIA ======================================================

1. Bauka Yadav Son of Rajendra Yadav Resident of village - Tinkounma, P.S. Janki Nagar, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Jankinagar P.S. Case No. 147 of 2014 registered for the offence punishable under Sections 376/511, 323, 504/34 of the Indian Penal Code and Sections 4 and 6 of POCSO Act.

Allegedly, the petitioner caught the informant's daughter and took her at his house and tried to commit rape with her but due to crying of the girl nearby people arrived and saved her. Submission is of false implication and that the victim lady is major aged about more than 19 years and also deaf and dumb. The petitioner is also a dumb and is in custody since 02.06.2015. The parents of the victim girl managed the Police to implicate this

Patna High Court Cr.Misc. No.26252 of 2015 (3) dt.08-10-2015 petitioner as they want to marry the victim girl with the petitioner but the petitioner and his parents were not ready for the same. Learned APP opposes the prayer of bail by submitting that from the impugned order it reveals that informant has filed a protest petition on 15.04.2015 alleging therein that his daughter has become pregnant of five months but in spite of that chargesheet has not been submitted under Section 376 IPC. The victim girl being dumb did not narrate the story resulting in FIR the real allegation has not come.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T