Anil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1045 of 2016 Arising Out of PS.Case No. -36 Year- 2015 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Anil Kumar Yadav Son of Rajdeo Yadav, Resident of Village - Goplamath, P.S. - Thawe, District - Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The allegation against petitioner is that he, along with one co-accused committed rape upon the informant's daughter and he was caught on the spot by the villagers.

The contention on behalf of the petitioner is that the medical report of the victim does not corroborate the allegation but I am not, at all, convinced with the aforesaid submission because, to constitute an offence of rape, a slightest penetration is sufficient. Hence, prayer for bail of the petitioner in connection with Gopalganj Mahila P.S. Case No. 36 of 2015 pending in the court of learned Sub Divisional Judicial Magistrate, Gopalganj stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T