Patna High CourtCR. MISC./26212/2022rejected

Madhu Yadav @ Madhulal Yadav v. The State Of Bihar

2023-01-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26212 of 2022 Arising Out of PS. Case No.-371 Year-2021 Thana- KATORIYA District- Banka ====================================================== Madhu Yadav @ Madhulal Yadav S/O Lilo Yadav R/O Village- Kharkana, P.S.- Katoria, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376, 34 of the Indian Penal Code.

It is alleged against the petitioner that he ravished the informant, minor girl aged about twelve years.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The victim in her 161 Cr.P.C statement has not alleged any physical assault

Patna High Court CR. MISC. No.26212 of 2022(4) dt.11-01-2023 2/2 against the petitioner. The medical report also does not corroborate the prosecution version. The petitioner is languishing in custody since 27.02.2022.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that the victim in her 164 Cr.P.C statement has specifically alleged against the petitioner that he ravished her. The independent witnesses also supported the case of the prosecution. In the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner, for the present. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a reasonable period of time.

(Sunil Kumar Panwar, J) Shageer/- U T