Patna High CourtCR. MISC./9813/2016disposed

Subhash Yadav v. The State Of Bihar

2016-12-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9813 of 2016 Arising Out of PS.Case No. -15 Year- 2015 Thana -NIRMALI District- SUPAUL ====================================================== Subhash Yadav Son of Nathuni Yadav, Resident of Village - Bela Singar Moti, Bela Bazar, P.S. - Nirmali, District - Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-12-2016 Heard learned counsels of the petitioner and the State.

The petitioner has renewed his prayer for anticipatory bail in a case registered for the offences punishable under Sections 376/511, 504, 506 of the Indian Penal Code, 3(1)(ix) of SC/ST (Prevention of Atrocities) Act and Section 8 of the Protection of Children from Sexual Offences Act. Earlier the prayer for anticipatory bail of the petitioner was disposed of by this Court vide order dated 02.07.2015 passed in Cr. Misc. No. 26503 of 2015 with liberty to the learned court below to consider the prayer for bail of the petitioner. Now the petitioner has renewed his prayer for anticipatory bail on the ground that the statement of the informant

Patna High Court Cr.Misc. No.9813 of 2016 (2) dt.07-12-2016 2/2 was recorded under Section 164 Cr.P.C. where the informant has not alleged any attempt of ravishing rather she only alleged that this petitioner tried to assault her. Moreover, the informant has retracted from the initial version and filed a petition to that effect before the learned court below.

Though, this Court is not inclined to revise the order but, prima facie, the 164 Cr.P.C. statement of the informant does not constitute the offences as alleged in the F.I.R. Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T