Rajiv Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34188 of 2014 Arising Out of PS. Case No. -65 Year- 2013 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Rajiv Yadav, Son of Late Fulo Yadav, R/o Village Phuhiya, P.S. Bithan, District Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-02-2015 Heard both sides.

The petitioner apprehends his arrest in Bithan P.S. Case No. 65 of 2013 for the offences under Section 376 of the Indian Penal Code and Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Ranju Devi, the complainant / informant, alleged that the petitioner took her inside the maize field and committed rape with her.

Learned counsel for the petitioner submits that the victim is a widow. She had illicit relation with the elder brother of the petitioner. The supervising authority found the allegation under Section 376 IPC false but found the case true under Section 323 IPC and Section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court Cr.Misc. No.34188 of 2014 (2) dt.10-02-2015 2/2 On perusal of the record, it appears that the case under Section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against the petitioner although the allegation of 376 IPC is found to be false. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T