Harish Yadav @ Harish Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42441 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== Harish Yadav @ Harish Prasad Yadav Son of Rohan Yadav @ Buttu Yadav R/o Village- Darbar, P.s- Barachatti, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila P.S. Case no. 15 of 2022 instituted for the offence punishable under Section 376 of the Indian Penal Code. As per allegation in the FIR, allegation against the petitioner is that he committed rape with the informant. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. It is also submitted that FIR was registered after an inordinate delay of four days without any explanation.

In contra, learned APP appearing for the State has

Patna High Court CR. MISC. No.42441 of 2022(3) dt.24-11-2022 2/2 vehemently opposed the prayer of anticipatory bail of the petitioner and submitted that the petitioner is named in the FIR and allegation against the petitioner is very serious and heinous in nature. The victim in her statement recorded under Section 164 of the Cr.P.C. has also stated about the complicity of the petitioner which supports the prosecution version of the case. Having heard learned counsel for the parties and considering the nature and gravity of the offence, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) nirajkrs/- U T