Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15582 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -MAHILA P.S. District- ARRARIA ====================================================== Pankaj Yadav S/o Budhmal Yadav Resident of Village Barmasia, P.S. Sikti, District Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Amit Kumar, Advocate.

For the Opposite Party : Mrs. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2015 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. Case No. 2 of 2015, registered for the offences punishable under Section 376 of the Indian Penal Code.

The petitioner is alleged to have entered into the house of the victim and committed rape with her.

It is submitted that the victim appears to be major. The sister of the victim has very categorically stated in her statement that the petitioner and her sister, the victim, were enjoying their relations and she saw them in compromising position.

On perusal of record, it appears that the victim is below 16 years on the date of occurrence. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T