Pradeep Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12661 of 2022 Arising Out of PS. Case No.-37 Year-2021 Thana- MAHILA PS District- East Champaran ====================================================== Pradeep Yadav Son of Innerman Yadav Resident of Village - Tapsi Parsauna, P.s.- Palanwa, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Prasad Singh For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in Motihari P.S. Case No. 37 of 2021, registered for the offences punishable under Sections 376(D)(A), 354(B), 341, 323 and 234 of the Indian Penal Code and section 4, 6 and 10 of the POCSO Act. As per the prosecution case, this petitioner along with co-accused persons committed rape with the daughter of informant.
It is submitted that petitioner has been falsely implicated in this case. None of the witnesses examined during course of investigation has supported the prosecution case. The victim girl was medically examined, but no sign of rape was found and there is delay in lodging of the FIR which falsifies the
Patna High Court CR. MISC. No.12661 of 2022(2) dt.16-08-2022 2/2 prosecution case.
However, counsel for State vehemently opposed the prayer for bail and submitted that there is specific and direct allegation against this petitioner that he along with co-accused persons committed rape with the daughter of informant. Considering the facts aforesaid, nature of accusation and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail.
Accordingly, the prayer for anticipatory bail is rejected.
(Prabhat Kumar Singh, J) vinita/- U T