Sadanand Yadav @ Sada Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21800 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- ANTICHAK District- Bhagalpur ====================================================== Sadanand Yadav @ Sada Yadav, S/o Late Thakur Yadav, R/o villageBirbanna, P.S.- Antichak, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Mukeshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Antichak P.S. Case No.61 of 2018, registered for the offence punishable under Sections 341, 323, 448, 307, 354 (B)/34 of the Indian Penal Code and Section 27 of Arms Act.
Allegation has been made that the accused persons including the petitioner entered into the house in the midnight and tried to outrage the modesty of the wife of the informant and when she objected, they shot at her. She was treated at Kahalgaon Sadar Hospital and she was referred to JLNMCH, Bhagalpur and for better treatment, she was treated at Silliguri
Patna High Court CR. MISC. No.21800 of 2019(2) dt.08-04-2019 2/2 in a private hospital.
During investigation, in paragraph 24, she has specifically taken the name of the accursed persons including the petitioner to have committed the rape upon her, but surprisingly, the police has not instituted the case for the offence, which has been committed upon the victim. Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. Let the Senior Superintendent of Police, Bhagalpur must examine the matter and must serious note of the same and ensure the investigation should be done in a proper manner. (Shivaji Pandey, J) V.K.Pandey/- U T