Subhash Singh @ Subhash Singh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32819 of 2014 Arising Out of PS.Case No. -339 Year- 2013 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Subhash Singh @ Subhash Singh Yadav son of Gharbharan Singh Yadav resident of village - Matsa, P.S. Jamania, Distt. - Ghazipur ( Uttar Pradesh ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard both sides.

The petitioner apprehends is arrested in Mohania P.S. Case No. 339 of 2013 registered under section 376 and other allied sections of the I.P.C. and section 3(1)(X)(XV) of the SC and ST Act.

The informant made an allegation that the petitioner along with Ajay Singh committed rape with her in a lonely place and thereafter left her there.

Learned counsel for the petitioner submits that petitioner is innocent and he is serving out side. The petitioner is working as constable in Muradabad(U.P). The trial of the case is going on and the informant during the trial has not identified Ajay Singh. From perusal of the record it appears that the informant

Patna High Court Cr.Misc. No.32819 of 2014 (2) dt.03-02-2015 2/2 has made specific allegation that the petitioner and Ajay Saingh have committed rape with her.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner. Accordingly the same is rejected.

(Prabhat Kumar Jha, J) M.Rahman/- U T