Akshay Yadav @ Akshay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 36807 of 2020 Arising Out of PS. Case No.-141 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== AKSHAY YADAV @ AKSHAY KUMAR SON OF LATE PANCHU YADAV @ PANCHANAND YADAV RESIDENT OF VILLAGE SRIRAMPUR PS NATHNAGAR DIST BHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madan Mohan, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-02-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
Petitioner seeks bail in Posco Case No. 32 of 2020 arising out of Nathnagar PS Case No. 141 of 2020 registered under Sections 341, 323, 354(B), 504, 506 of the IPC and Section 8 of Pocso Act. The informant has alleged that his minor daughter has been assaulted by the petitioner. Specific allegation is of bite on the cheek.
Learned Counsel for the petitioner submits that as a result of some bickering over collecting wood from the orchard the petitioner has been implicated in this case as is apparent from the prosecution case. He has no criminal antecedent and he is in custody since 14.4.2020.
Referring to the injury report of the victim learned APP has opposed the prayer for bail. She has submitted that tooth bite mark
Patna High Court CR. MISC. No. 36807 of 2020(3) dt.18-02-2021 2/2 has been found on the cheek and the report suggests some other injuries on some other parts of the body. The same corroborates the prosecution case.
Considering the rival submissions this Court, for the present, is not inclined to allow the prayer for bail of the petitioner. This application is rejected.
(Madhuresh Prasad, J) SNkumar/- U T