Patna High CourtCR. MISC./23423/2024bail rejected

Ramyad Yadav v. The State Of Bihar

2024-09-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23423 of 2024 Arising Out of PS. Case No.-127 Year-2023 Thana- BHITAHA District- West Champaran ====================================================== Ramyad Yadav S/o- Sri Kamal Yadav Vill- Bakulahiya Chauhatta Ps- Manpur Dist- W.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma, Adv For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhitaha P.S. Case No. 127 of 2023 dated 18.08.2023 registered for the offence punishable u/s 376 (3) and 506 of the Indian Penal Code and Section 6 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have committed rape on the minor daughter of the informant due to which she became pregnant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3

Patna High Court CR. MISC. No.23423 of 2024(5) dt.10-09-2024 2/2 of the bail petition. The petitioner is in custody since 20.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner that he committed rape on the minor victim girl. As per the statement of the victim girl recorded u/s 164 Cr. P.C., she supported the case of prosecution.

6. Considering the aforesaid facts and circumstances of the case as well as the serious and heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Bhitaha P.S. Case No. 127 of 2023 pending in the court of learned Additional Sessions Judge-VII-cum-the Special Judge, West Champaran at Bettiah.

7. The application stands rejected.

8. The learned trial court is further directed to expedite the trial and conclude the same at the earliest. (Chandra Prakash Singh, J) Jyoti/- U T