Patna High CourtCR. MISC./8410/2016rejected

Lalit Yadav v. The State Of Bihar

2016-06-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8410 of 2016 Arising Out of PS.Case No. -334 Year- 2015 Thana -JOKIHAT District- ARRARIA ====================================================== Lalit Yadav, S/o Late Mahavir Prasad Yadav, Village- Gairki, P.S.- Jokihat, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate. For the Opposite Party/s : Mr. Md. Aslam Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2016 Heard both sides.

The petitioner apprehends his arrest in Jokihat P.S.Case No. 334/15 registered under Sections 306/34 of the Indian Penal Code.

The father of the deceased alleged that Sanjeev Kumar Yadav, son of the petitioner, had committed rape with the deceased for which Mahila P.S. Case No. 50/15 was lodged under Section 376 of the Indian Penal Code against Sanjeev Kumar Yadav. It is alleged that the petitioner and others had gone to the house of the informant and threatened the victim and the informant to compromise the case and subsequently the victim committed suicide. Learned counsel for the petitioner submits that the petitioner is the father of Sanjeev Kumar Yadav. The allegation does not appear to be correct as the S.D.P.O. found the

Patna High Court Cr.Misc. No.8410 of 2016 (4) dt.20-06-2016 2/2 allegation against Sachchidanand Yadav false. The victim was in love with the son of the petitioner.

It appears that the informant has made a very specific allegation that when the victim lodged the case under Section 376 I.P.C. against the son of the petitioner, the petitioner and others went to the house of the victim and asked her to compromise the case and if she fails to compromise the case, the petitioner and others threatened the victim and her family members to face the consequences and subsequently the victim committed suicide. Considering the nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in Jokihat P.S. Case No. 334/15. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T