Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53955 of 2017 Arising Out of PS.Case No. -813 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Rajesh Yadav, Son of Kundan Yadav, Resident of village- Kahra, Ward No. 6, P.S.- Saharsa, District- Saharsa.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Saharsa Sadar P.S.Case No. 813 of 2016 registered for the offences punishable under Sections 363, 366A, 34, 376 and 379 of the Indian Penal Code.

Allegation against the accused persons, including the petitioner is of kidnapping and also committing rape upon the daughter of informant.

Submission of learned counsel for the petitioner is that the whole prosecution case is false and concocted and, as a matter of fact, there was love affair between the petitioner and daughter of informant and she is major but he has falsely been implicated. Further submission is that statement under Section 164 Cr.P.C. of the victim has been recorded after three days of occurrence on the

Patna High Court Cr.Misc. No.53955 of 2017 (3) dt.20-11-2017 2/2 pressure of her family members and further FIR itself shows that she was a consenting party and he is in custody since 28.4.2017. Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating that there is allegation of rape against the petitioner. Having heard both sides and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage.

However, learned court below is directed to commit the case to the court of sessions within one month and after commitment learned trial court is further directed to expedite the trial. Once evidence of the girl has been adduced, the petitioner will be at liberty to renew his prayer for bail, which will be considered on the basis of materials available on record, including the evidence of victim girl and appropriate order will be passed by learned trial court.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U