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Patna High CourtCR. APP (SJ)/1238/2016rejected

Vinod Yadav @ Vishal Yadav v. The State Of Bihar

2017-01-28Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1238 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -MAHILA P.S District- SUPAUL ====================================================== VINOD YADAV @ VISHAL YADAV SON OF MATAR YADAV RESIDENT OF VILLAGE DAPARKHA WARD NO.04, POLICE STATION-TRIVENIGANJ, DISTRICT-SUPAUL.

.... .... APPELLANT/S

VERSUS

THE STATE OF BIHAR .... .... RESPONDENT/S ====================================================== Appearance :

For the Appellant/s : Mr. Durgesh Kumar, Adv. For the Respondent/s : Mr. Binay Krishna, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 28-01-2017 Heard learned counsel for the appellant as well as learned Special Public Prosecutor.

Victim aged about 15 years while was returning after visiting Janmastmi Mela was caught by the appellant and on the pretext of life threat forcibly committed rape. Learned counsel for the appellant has submitted that medical report totally negativates the allegation of rape and so, appellant is entitled for bail.

The learned Special Public Prosecutor opposed the prayer.

The victim just after commission of occurrence had reported the matter to the police and on account thereof, there happens to be no reason to discredit her statement, for the present.

Patna High Court CR. APP (SJ) No.1238 of 2016 (4) dt.28-01-2017 Consequent thereupon, instant appeal sans merit and is accordingly, rejected.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T