Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72485 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- ANTICHAK District- Bhagalpur ====================================================== Ajay Yadav S/o Shyamal Kishor Yadav @ Samli Yadav, Resident of VillageNawada, P.S.-Antichak, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner has been in custody since 23.03.2018 in connection with Antichak P.S. Case No. 18/2018 registered for the offence punishable under Sections 376/447/506 of the Indian Penal Code. Learned counsel for the petitioner submits that the entire case is false and fabricated and has been created on account of previous enmity between the petitioner and the husband of the victim lady. It is further submitted that an all-out false story has been created by the victim lady and no evidence of any sign of rape has been found in the medical evidence. It is further submitted that there has been no external or internal injuries on the person of the

Patna High Court CR. MISC. No.72485 of 2018(4) dt.14-03-2019 2/3 victim lady and her statement made under Section 164 of the Cr. P.C. is also patently false and mischievous. He also submits that the stories of the witnesses are concocted and do not match with the statement made by the victim lady in the statement made before the Magistrate under Section 164 Cr. P.C.

Case diary in this case was called for which has since been received.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that though one Pawani Devi, Gotni of the victim women has tried to corroborate a story, a story differs palpably from the story as made out by the victim in her statement made under Section 164 Cr. P.C.

Considering the contradictions therein the story of false implication cannot be ruled out.

Having considered the entire facts and circumstances of the case and that there being contradictory material available in the case diary, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge, 1st Bhagalpur in connection with

Patna High Court CR. MISC. No.72485 of 2018(4) dt.14-03-2019 3/3 Antichak P.S. Case No. 18/2018.

(Anjana Mishra, J) Saif/- U T