Bipin Yadav @ Vikrant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24987 of 2024 Arising Out of PS. Case No.-341 Year-2023 Thana- MANSI District- Khagaria ====================================================== 1.
Bipin Yadav @ Vikrant Kumar S/O Bengo Yadav @ Vinod Yadav R/O Village- Thatha, P.S- Mansi, Distt.- Khagaria. 2.
Durgesh Yadav S/O Jang Bahadur Yadav R/O Village- Thatha, P.S- Mansi, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Mrs. Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners apprehend their arrest in connection with Mansi P.S. Case No. 341 of 2023 registered under Section 376(D) of the Indian Penal Code.
3. It is alleged that petitioners along with other coaccused committed rape with the informant and also threatened her.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to land dispute. There is general and omnibus allegation against them.
Patna High Court CR. MISC. No.24987 of 2024(2) dt.08-05-2024 2/2
5. Learned counsel appearing on behalf of the State vehemently opposed the prayer for bail by contending that there is direct allegation against these petitioners of committing rape with informant. It is further contended that the victim in her statement recorded under Section 164 Cr. P.C. has supported the prosecution story. Hence, petitioner does not deserve to be enlarged on bail.
6. Having considered the facts and circumstances of the case as well as nature of the allegation and the statement of the victim recorded under Section 164 Cr. P.C., this Court is not inclined to grant anticipatory bail to the petitioners. Accordingly, prayer of the petitioners is rejected. (Prabhat Kumar Singh, J) utkarsh/- U T