Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42416 of 2021 Arising Out of PS. Case No.-328 Year-2020 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== NIRANJAN YADAV Son of Lakru Yadav Resident of Village - Jotalkhai, P.S.- K. Nagar, District - Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in K. Nagar P.S. Case No.328 of 2020, registered for the offences punishable under Sections 376 and 34 of the Indian Penal Code and Sections 4/8 of the POCSO Act.

The petitioner and one Manish Yadav are said to have committed rape upon the victim girl.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the occurrence took place on 30.05.2019 and complaint was filed on 28.06.2021 after lapse of about one month. It is submitted that the statement

Patna High Court CR. MISC. No.42416 of 2021(2) dt.11-04-2022 2/2 of the victim has been recorded under Section 164 Cr.P.C. in which she has stated that only Manish Kumar has committed rape upon the victim girl. It is submitted that according to the medical report, the age of the victim is 18 to 19 years. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph 3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the allegation against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

However, if the petitioner surrenders before the learned court below within a period of six weeks from today and seek regular bail, the learned court below shall consider the prayer for regular bail of the petitioner in accordance with law without being prejudiced from the order of this Court. (Anjani Kumar Sharan, J.) Sanjay/- U T