Om Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4877 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -VIJAYPUR DistrictGOPALGANJ ====================================================== Om Prakash Yadav Son of Sri Ramayan Yadav Resident of vill-Amava Ghat,P.S-Vijaypur,Distt.-Gopalganj .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Pandey, Adv. For the Opposite Party/s : Mr. Raj Ballabh Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-06-2015 Heard both sides.

The petitioner apprehends his arrest in Bijaipur P.S. Case no. 62 of 2014, registered for the offences punishable under Section 366 and other Sections of the Indian Penal Code. It is alleged that Vivek Yadav, Ajay Yadav and Manju Devi kidnapped the sister of the informant.

It is submitted that the petitioner is not named in the FIR. No any witness has made any allegation against the petitioner but the victim made her statement under Section 164 of Cr.P.C. and she disclosed the hands of the petitioner in her kidnapping. It is submitted that there is a land dispute between the petitioner and the informant and that is why the name of the

Patna High Court Cr.Misc. No.4877 of 2015 (4) dt.23-06-2015 2/2 petitioner is figured in the statement of the victim recorded under Section 164. There appears that none other than the victim made statement and disclosed that the petitioner kidnapped her and also committed rape.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

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