Paltu Yadav @ Paltan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15010 of 2016 Arising Out of PS.Case No. -30 Year- 2015 Thana -CHOUTARWA District- WEST CHAMPARAN (BETTIAH) ====================================================== Paltu Yadav @ Paltan Son of Kedar Yadav R/o village - Laukaria, P.S. Yogapatti, District - West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party/s : Mr. S.N Shukla, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-04-2016 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner, and learned A.P.P. for the State. The petitioner apprehends his arrest in a case under Sections 366(A), 120B of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. Name of the petitioner figured in the case in the statement of the victim recorded under Section 164 of the Code of Criminal Procedure in which she disclosed that Lalan Yadav and this petitioner kidnapped her and Lalan Yadav committed rape with her. Lalan Yadav has already been granted regular bail vide order passed in Cr. Misc. No. 32968/2015. The case of the petitioner stands on better footing than that of Lalan Yadav.

It appears that the allegation of kidnapping is against

Patna High Court Cr.Misc. No.15010 of 2016 (2) dt.22-04-2016 2/2 the petitioner and since co-accused Lalan Yadav has already been enlarged on regular bail, it is a good ground for grant of regular bail to the petitioner.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in POCSO Case No. 16 of 2015, arising out of Chautarwa P.S. Case No. 30/2015. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four weeks from today and make prayer for regular bail, the court below shall consider the prayer for regular bail of the petitioner without being prejudiced by this order and taking into consideration that there is no allegation of rape against the petitioner and Lalan Yadav, against whom there is allegation of rape, has already been enlarged on regular bail and dispose of the Bail Petition of the petitioner preferably on the same day. (Prabhat Kumar Jha, J) Dilip/- U T