Bihari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28697 of 2019 Arising Out of PS. Case No.-253 Year-2018 Thana- KUMAR KHAND District- Madhepura ====================================================== Bihari Yadav Son of Lakru Yadav @ Sanju Yadav Resident of VillageLaxmipur, Chandi Asthan, P.S.-Kumarkhand, District-Madhepura. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kumarkhand P.S. Case No. 253 of 2018 registered for the offences punishable under Sections 376, 506 of the Indian Penal Code and 4 of POCSO Act.

There is specific allegation against the petitioner that he committed rape on eight years old girl. The statement of girl has been recorded at para 24 of the case diary and in the said statement, the victim specifically stated that she was sexually assaulted by the petitioner.

Although, learned counsel appearing for the petitioner points out that medical evidence does not support the story of

Patna High Court CR. MISC. No.28697 of 2019(5) dt.16-11-2019 2/2 rape and there is land dispute between the parties but taking note of statement of victim, I am not inclined to extend the privilege of anticipatory bail to petitioner. Accordingly, his prayer for anticipatory bail stands rejected. (Hemant Kumar Srivastava, J) shahzad/- U T