Pappu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.7428 of 2015 (2) dt.23-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7428 of 2015 Arising Out of PS.Case No. -278 Year- 2014 Thana -FATEHPUR District- GAYA ====================================================== Pappu Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-02-2015 Heard both sides.

The petitioner apprehends his arrest in Fatehpur P.S.Case No.278 of 2014, registered for the offences punishable under Sections 366 later on 376 Indian Penal Code was added. There is allegation that the petitioner kidnapped the victim girl.

It is submitted that after two weeks of the occurrence, the FIR was lodged. The victim also made contradictory statements in her statement recorded under Section 164 Cr.P.C. On perusal of the records, it appears that the victim also disclosed that after kidnapping, the petitioner committed rape with her.

Considering the nature of allegation made against the petitioner, I am not inclined to release the petitioner on

Patna High Court Cr.Misc. No.7428 of 2015 (2) dt.23-02-2015 anticipatory bail. Accordingly, the same is rejected. However, if the petitioner surrenders in the court below, the court below shall consider the prayer for grant of regular bail of the petitioner without being prejudiced by the order of this Court.

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