Baua Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23795 of 2021 Arising Out of PS. Case No.-22 Year-2018 Thana- SUPAUL District- Supaul ====================================================== Baua Yadav, Son of Hardish Yadav, Resident of Village - Ekma, Tola- Bara, Ward No. 11, P.S. - Supaul, District - Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha, Adv For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Petitioner who is in custody since 16.12.2020 seeks bail in connection with Supaul P.S. Case No. 22 of 2018 registered for offences punishable under Sections 363, 366, 120(B), 34, 376 of the Indian Penal Code and Section 3⁄4 of POCSO Act.
Prosecution story in brief is that on the basis of Fardbyan recorded on 13.01.2018 in which informant has narrated that his daughter was abducted by one Baua Yadav who is having criminal antecedent of kidnapping and raping so many girls and thereafter forced the girls in the flesh trade and on apprehension that informant's daughter would be sold in a brothel, Supaul P.S. Case No. 22 of 2018 was registered.
Patna High Court CR. MISC. No.23795 of 2021(4) dt.09-12-2021 2/2 Learned counsel appearing on behalf of the petitioner submits that the petitioner has been implicated in the above mentioned false, frivolous and concocted case out of grudge, malice and dirty party politics. He further submits that there is no chance of absconding and tempering of the evidence as such he may be released on bail.
Learned A.P.P., vehemently, opposed the prayer for bail of the petitioner. He further submits that victim in her statement under Section 164 Cr.P.C. has named the present petitioner who has repeatedly raped her.
Considering the aforementioned facts and circumstances as well as the statement of the victim under Section 164 Cr.P.C., I am not inclined to release the petitioner on bail.
Accordingly, the bail application is dismissed. (Purnendu Singh, J) Niraj/- U T