Arvind Kumar @ Arvind Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76536 of 2018 Arising Out of PS. Case No.-898 Year-2018 Thana- BIHTA District- Patna ====================================================== Arvind Kumar @ Arvind Yadav Son of Vakil Yadav, Resident of VillageKaliganj, P.S.- Bihta, District- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra For the Opposite Party/s :
Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Bihta P.S. case No.898 of 2018 registered under Sections 376(d), 506 of the Indian Penal Code, pending in the court of A.C.J.M. 1st, Danapur. Allegation is that the accused persons committed rape upon the victim.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.08.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner and the victim were known to each other. The victim had come to the petitioner out of her own will. The medical examination report does not support the
Patna High Court CR. MISC. No.76536 of 2018(3) dt.18-04-2019 2/2 allegations made in the F.I.R. The present case has been instituted for the oblique reasons. There is contradiction between the statement made in the F.I.R. and the statement made under Section 164 Cr.P.C.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is alleged to have committed rape upon the victim.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected.
(Sudhir Singh, J) Narendra/- U T