Niwas Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.51296 of 2015 (2) dt.15-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51296 of 2015 ====================================================== Niwas Yadav Son of Suresh Yadav Resident of Village- Gaura Chowki, P.S.- Kajraili, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar, Adv. For the Opposite Party/s : Mr. Nand Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2015 Heard both sides.

The petitioner apprehends his arrest in Kajraili P.S. Case No. 50/2015, registered for the offences punishable under Sections 376 of the Indian Penal Code.

The victim made allegation that the petitioner committed rape with her.

It is submitted that prior to lodging of this case one Panchnama was executed in which the husband of the victim accepted to return Rs. 14,000/- to the father of the petitioner and that is why this case has been lodged.

It appears that the victim also made her statement under Section 164 of the Cr.P.C. and she also reiterated the same facts.

Considering the nature of allegation made against the

Patna High Court Cr.Misc. No.51296 of 2015 (2) dt.15-12-2015 petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Rakhi U T