Upendra Yadav @ Upendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24494 of 2018 Arising Out of PS. Case No.-8 Year-2017 Thana- MAHILA P.S. District- Araria ====================================================== Upendra Yadav @ Upendra Kumar Yadav, S/o Baldeo Yadav, R/o Vill.- Kavilashi, P.S.- Simraha, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Narayansingh, Advocate For the Opposite Party/s :

Mr. Sri Indra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Araria (Mahila) P.S. Case No. 08 of 2017, registered for the offence punishable under Section 376 of the Indian Penal Code. Allegedly, dumb daughter-in-law of the informant was raped in presence of two children and thereafter the dumb victim identified the petitioner as rapist and the child also identified the petitioner.

Submission is of false implication and that earlier Ant Lal Yadav has lodged Farbesganj (Simraha) P.S. Case No. 111 of 2017 for kidnapping of his minor daughter against the nephew of the informant and thereafter this case has been

Patna High Court Cr.Misc. No.24494 of 2018(2) dt.26-04-2018 2/2 falsely lodged, no such occurrence has taken place, the occurrence is said to be of 28.02.2017 whereas F.I.R. has been lodged on 06.03.2017. The petitioner has got no criminal antecedent and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly his such prayer stands rejected in connection with Araria (Mahila) P.S. Case No. 08 of 2017, pending in the Court of learned Chief Judicial Magistrate, Araria. (Jitendra Mohan Sharma, J.) Rajiv/- U T