Chandan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47368 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- BALIYA District- Begusarai ====================================================== CHANDAN KUMAR YADAV S/o NANDLAL YADAV R/o VILLAGEBARI BALLIA, WARD No. 15, P.S-BALIA, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar, Advocate For the State :

Mr.Ajay Kumar Jha, Addl Public Prosecutor for the informant Mr. SK Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks regular bail in registered for the offences punishable under section 376 and other allied sections of the Indian Penal Code.

As per the prosecution case, petitioner assaulted the informant and committed rape on her.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case with a view to grab his property as parties are agnate. Doctor has not found sign of rape on the body of the victim. Compromise petition dated 30.1.2022 has also been submitted

Patna High Court CR. MISC. No.47368 of 2021(3) dt.22-03-2022 2/2 by the parties in the Court below. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 15.3.2021.

Learned counsel for the State and informant oppose the prayer for bail and submit that there is direct and specific allegation that petitioner assaulted the informant and committed rape on her.

Considering the nature of accusation and materials available on the records against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T