Patna High CourtCR. MISC./20922/2020bail rejected

Deepak Yadav @ Deepak Kumar Yadav v. The State Of Bihar

2020-07-23Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20922 of 2020 Arising Out of PS. Case No.-1458 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Deepak Yadav @ Deepak Kumar Yadav Son of Pramod Yadav, Resident of Village - Radhanagar, Police Station - Sajour, District - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar 2.

Kato Devi Wife of Bhairo Yadav, resident of village-Sokhar, Police Station - Kajraili, District - Bhagalpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf, Adv.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-07-2020 Heard learned counsel for the petitioner and learned counsel for the State through Video Conferencing. In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No. 1458 of 2017 registered for offence punishable under section 376 of the Indian Penal Code.

The petitioner is relative of the brother of the victim. The family members of the victim had gone to Deoghar and when they returned, the victim informed/stated about the rape committed upon her on the threat of her life showing knife. Learned counsel for the petitioner submits that FIR has been filed after long delay having no explained the delay,

Patna High Court CR. MISC. No.20922 of 2020(2) dt.23-07-2020 2/2 but from the record it appears that consistently the case has been made out against the petitioner as the victim has been raped by the petitioner.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected.

This order has been passed in presence of Mr. Narsingh Tanti, learned counsel for the State. (Shivaji Pandey, J) Mahesh/- U T