Arjun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34114 of 2022 Arising Out of PS. Case No.-656 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== ARJUN YADAV S/o Shankar Yadav @ Shankar Ray Resident of VillageGudara Ward No.4, P.S.- Majhauliya, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Arvind Kumar Pandey(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Majhaulia P.S. Case No. 656 of 2020 for the offences under Sections 366A, 506 and 34 of the Indian Penal Code and section 12 of POCSO Act.
As per the prosecution story, the informant has alleged that her daughter had gone outside to attend the call of nature but disappeared and further allegation is that the coaccused persons including the petitioner herein are persons behind her abduction with the purpose of marrying her. Learned counsel for the petitioner submits that they
Patna High Court CR. MISC. No.34114 of 2022(2) dt.12-09-2022 2/2 are related to each other inasmuch as the victim girl is her niece (Bhagni) and as such there is no question of either kidnapping or solemnization of marriage.
Learned APP, on the other hand, draws the attention of the Court to the observation of the learned Additional Sessions Judge -VI-cum POCSO, West Champaran, Bettiah to show that the victim girl has made a specific allegation against this petitioner of having committed rape.
Considering the aforesaid nature of allegation against the petitioner, this Court is not inclined to grant privilege of bail for the present which is accordingly rejected. (Rajiv Roy, J) Jagdish/NehaU T