Vijay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21412 of 2017 Arising Out of PS.Case No. -300 Year- 2015 Thana -SIWAN CITY District- SIWAN ======================================================

1. Vijay Kumar Yadav S/o Bhikham Yadav, Resident of VillageLaxmipur Andar Dhala, P.S. Town, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anurag Saurav, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody in connection with Siwan Town P.S. Case No. 300 of 2015 for the offence punishable under Section 366A/34 of the Indian Penal Code, pending in the Court of Chief Judicial Magistrate, Siwan. The petitioner is alleged to have kidnapped to the daughter of the informant and also to have committed rape against her. The victim girl supported the allegation in her statement under Section 164 Cr.P.C.

Submission is that due to old enmity the present false case has been lodged. The allegation is not corroborated by medical evidence and the petitioner is in custody since

Patna High Court Cr.Misc. No.21412 of 2017 (4) dt.05-07-2017 2/2 11.11.2016.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for bail is refused. The learned trial court is directed to expedite the trial.

(Birendra Kumar, J) Mkr./- U T