Patna High CourtCR. MISC./65503/2018dismissed

Kanhai Yadav @ Kanhaiya Yadav v. The State Of Bihar

2018-11-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65503 of 2018 Arising Out of PS. Case No.-149 Year-2018 Thana- AAJAM NAGAR District- Katihar ====================================================== Kanhai Yadav @ Kanhaiya Yadav S/o Panchlal Yadav Resident of VillagePokhariya,P.S. Azamnagar,Distt.-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha For the Opposite Party/s :

Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2018 The petitioner seeks regular bail in connection with Azam Nagar P.S. Case No. 149 of 2018, registered for offences punishable under Section 376 of the Indian Penal Code and Section 4 of POCSO Act.

Allegation against the petitioner is of committing rape on the informant, who is minor.

It has been submitted on behalf of the petitioner that he has falsely been roped in the present case, which will appear from the fact that there is delay of ten days in lodging the F.I.R. Furthermore, there is contradiction between the statement of the girl recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C. It has also been submitted that the medical report does not corroborate the allegation of commission of

Patna High Court Cr.Misc. No.65503 of 2018(2) dt.22-11-2018 2/2 rape on the informant. Further, petitioner has no criminal antecedent and has been in judicial custody since 14.07.2018. Learned counsel for the State as well as informant opposed the prayer for bail and submitted that the girl in her statement under Section 164 Cr.P.C. has named the petitioner and she is also minor.

Having heard both sides, considering the facts and circumstances of the case and the nature of accusation, I am not inclined enlarge the petitioner on bail.

This application is accordingly dismissed.

Let the trial be expedited.

(Vinod Kumar Sinha, J) sunilkumar/- U