Dhirendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50849 of 2016 Arising Out of PS.Case No. -60 Year- 2016 Thana -PASRAHA District- KHAGARIA ====================================================== Dhirendra Yadav Son of Naresh Yadav resident of village - Bimari Navtolia, P.S. Pasraha, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlesh Kumar Pathak For the Opposite Party/s : Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with Pasraha P.S. Case No. 60 of 2016 registered under sections 376 of the I.P.C. pending in the Court of A.C.J.M.-II, Khagaria. The allegation is of committing rape upon the victim. Learned counsel for the petitioner submits that due to ulterior motive the petitioner has been made accused in this case. Further submission is that petitioner is innocent and is in custody since 03.05.2016.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner with submission that there is direct allegation against the petitioner and in the case diary, the

Patna High Court Cr.Misc. No.50849 of 2016 (3) dt.09-02-2017 2/2 witnesses have supported the alleged occurrence. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected. However, petitioner may renew his prayer for bail after framing of charge.

(Arvind Srivastava, J) Shail/- U T