Patna High CourtCR. MISC./44043/2018rejected

Ram Kumar Yadav v. The State Of Bihar

2018-09-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44043 of 2018 Arising Out of PS.Case No. -46 Year- 2017 Thana -MAHILA P.S. District- SAHARSA ======================================================

1. Ram Kumar Yadav S/o Jay Narayan Yadav, R/o Vill.- Haripur, Ward no. 14, Koparia, P.S.- Salkhua, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Sadar Mahila P.S. Case No.46 of 2017, registered for the offences punishable under Sections 376/323/379 of the Indian Penal Code.

Allegation against the petitioner is that he allegedly committed rape against the informant in her house. Submission is that occurrence took place on 07.01.2017 and the complaint was filed on 14.02.2017 and simply statement that police did not respond to the complainant then complaint petition was filed is not sufficient to explain such a long delay.

Patna High Court Cr.Misc. No.44043 of 2018 (4) dt.28-09-2018 P2/ After hearing the parties and considering the allegation, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner within three weeks, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court.

(Birendra Kumar, J) Mkr./- U T