Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27913 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- MAHILA P.S. District- Banka ====================================================== Subhash Yadav, Aged about 22 years, Male, S/o Mahru Yadav R/o villageKolhasari, P.S.- Jaipur (Katoriya), District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-04-2019 Heard both sides.

Petitioner apprehends his arrest in (Banka) Mahila P.S. Case No.69 of 2018, registered under Sections 376(D) of the Indian Penal Code.

The victim alleged that the petitioner and his friend entered into her house finding her alone and committed rape with her one by one. On alarm one person was apprehended who disclosed his name as Anil Yadav. Petitioner managed to flee away.

Learned counsel for the petitioner submits that the victim wanted to marry with the petitioner and that is why this false case has been lodged. It is further submitted that by intervention of the people, the case has been compromised but it appears that the victim made specific allegation in her fardbeyan

Patna High Court CR. MISC. No.27913 of 2019(2) dt.29-04-2019 2/2 as well as in her statements recorded under Section 164 Cr.P.C. that the petitioner and his friend committed rape with her one by one.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Prabhat Kumar Jha, J) S.KUMAR/- U T