Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45943 of 2017 Arising Out of PS.Case No. -52 Year- 2016 Thana -MAHILA P.S District- SUPAUL ====================================================== Ram Yadav, S/o Late Bauku Yadav, resident of Village- Situhar, P.S.- Supaul, District- Supaul. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Prasad For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in Supaul Mahila P.S. Case No.52 of 2016 registered under Section 376/506 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have committed rape against the informant intruding into her house in the night and extended threatening of dire consequences in case of divulgence of the occurrence to others. It is submitted by learned counsel for the petitioner that no such offence, as alleged, has taken place. As a matter of fact, it is a counter blast of the Complaint Case No.481(C)/2016 lodged by the wife of the petitioner against the informant and others, though lodged later to the case under hand. The petitioner

Patna High Court Cr.Misc. No.45943 of 2017 (02) dt.19-09-2017 2/ 2 has been languishing in custody since 28.06.2017. In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, this petition is rejected.

(Prakash Chandra Jaiswal, J) Trivedi/- U T