Bhashan Yadav @ Bhasan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43525 of 2017 Arising Out of PS.Case No. -18 Year- 2017 Thana -HARPUR District- MUNGER ====================================================== Bhashan Yadav @ Bhasan Yadav son of Late Rohin Yadav, resident of Village- Bangama, Police Station- Harpur, District- Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-11-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 20.04.2017 in connection with Harpur P.S. Case No. 18/2017 for offences alleged under Section 376 of the Indian Penal Code and sections 4 and 6 of P.O.C.S.O. Act.
The prosecution case as lodged by the informant is that while she had gone to bring straw and her four year old daughter Puja Kumari was playing outside the house, the petitioner had taken away her daughter to his house and committed rape on her. On search, she found her daughter in the house of petitioner and her daughter narrated the entire incident to the informant. It has been submitted by the learned counsel for
Patna High Court Cr.Misc. No.43525 of 2017 (3) dt.14-11-2017 2/2 petitioner that he is innocent and old man. Although the informant has stated that he is 55 years old, but in fact he is 70 years old man bearing no criminal antecedent. He submits that no such occurrence took place and he has been falsely implicated due to village rivalry and land dispute between the parties. He further submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses. However, learned A.P.P. opposes the prayer for bail stating therein that the minor daughter in fact a child was raped by the petitioner.
Considering the facts and circumstances of the case and material on record, I am not inclined to grant privilege of bail to the petitioner at this stage.
However, the petitioner is at liberty to move before this court for bail after framing of charge.
(Nilu Agrawal, J) Vinita/- U T