Santosh Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38161 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- MAHILA PS District- Khagaria ====================================================== SANTOSH YADAV @ SANTOSH KUMAR Son of Rabin Yadav @ Ravindra Prasad Yadav Resident of Mohalla- Rajajan, P.S.- Mansi, DisttKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Jee For the Opposite Party/s :

Mr. M. K. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy. . The petitioner seeks anticipatory bail in Khagaria (Mahila) P.S. Case No. 09/2020 instituted for the offences under Section 376(D) of the Indian Penal Code and Section 4 of the POCSO Act which is pending in the Court of learned Additional Sessions Judge, 1st Khagaria.

Prosecution allegation, in short, is that the accused persons forcibly entered into the house of the informant and took away her daughter on the point of pistol and committed

Patna High Court CR. MISC. No.38161 of 2020(2) dt.02-08-2021 2/2 rape on her It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to village politics. There is no medical report of the victim on record to support the allegations made in the F.I.R. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The statement of victim was recorded under section 164 Cr.P.C. in which she has made specific allegation against the petitioner and others. Considering the same, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. If the petitioner surrenders in the Court below and prays for regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Pankaj/- U T