Patna High CourtCR. MISC./9659/2022rejected

Ram Pravesh Yadav v. The State Of Bihar

2022-07-26Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9659 of 2022 Arising Out of PS. Case No.-81 Year-2021 Thana- IMAMGANJ District- Gaya ====================================================== RAM PRAVESH YADAV Son of Late Sitaram Yadav Resident of Village - Bagiya, P.S. - Imamganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-07-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 366(A) and 376 of IPC and Section 4 of POCSO Act.

The prosecution case, in short, is that on 14.05.2021, the petitioner is alleged to have kidnapped the younger sister (the victim) of the informant aged about 17 years for the purpose of marriage.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.9659 of 2022(3) dt.26-07-2022 2/2 implicated in the present case. He further submits that in fact the petitioner has not committed any rape upon the victim and the petitioner is in custody since 18.05.2021. Learned A.P.P. for the State, on the basis of the material available on the record and the case diary, has opposed the prayer for bail of the petitioner and submits that the statement of the victim under Section 164 Cr.P.C was recorded in which she has categorically stated that the petitioner has committed rape upon her and the medical report also confirms the allegation of rape.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No.114 of 2021 arising out of Imamganj P.S.Case No.81 of 2021 pending in the court of learned Exclusive Special Judge, POCSO Act, Gaya.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T