Laxman Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37409 of 2018 Arising Out of PS.Case No. -87 Year- 2018 Thana -KAHALGAON District- BHAGALPUR ======================================================
1. Laxman Yadav S/o Late Nathuni Yadav R/o Village - Janidih, Shankarpur Khabas, P.S. - Ghogha, District - Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anupa Nand Jha, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Kahalgaon (Ghogha) P.S. Case No.87 of 2018, a case under Section 376(2)(i) of the Indian Penal Code and Sections 4/6 of the POCSO Act, pending in the Court of learned 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Bhagalpur. Allegation against the petitioner is of commission of rape against a girl, aged about ten years. The victim has supported the aforesaid allegation before the police.
Submission of the learned counsel for the petitioner is that false allegation is there due to some occurrence of altercation that had taken place day before the alleged occurrence for the
Patna High Court Cr.Misc. No.37409 of 2018 (3) dt.28-08-2018 P2/ reason of damaging of the crop of the petitioner by the goat of the informant. Moreover, the medical report does not substantiate any sign of rape.
The doctor, who examined the victim on the same day, has reported that no spermatozoa was found and no evidence of recent sexual intercourse was noticed.
On the basis of the aforesaid medical report, the statement of the victim cannot be disbelieved at this stage, unless there is strong motive supported by material on the record to create doubt for false implication. Hence, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. The learned trial Court is directed to expedite the trial. (Birendra Kumar, J) Mkr./- U T