Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57891 of 2021 Arising Out of PS. Case No.-469 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== VIKASH YADAV S/o JAI PRAKASH R/o VILLAGE-KANAUZI, P.SGOPALPUR, DISTRICT-PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Shankar Sinha For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 363/376 of the Indian Penal registered in connection with Ramkrishna Nagar P.S.Case No. 469 of 2019.

The father of the prosecutrix is the informant. He has stated that his daughter went out from her house on 30.06.2019 at about 4.00 p.m., but she did not return. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.57891 of 2021(3) dt.08-09-2022 2/2 that though the victim has stated that the petitioner committed rape upon her, but at the same time, she stated that she is willing to marry with the petitioner.

The prosecutrix in her statement recorded under Section 164 of the Cr.P.C. wherein her age was assessed as 17 years has specifically stated that the present petitioner has committed rape upon her. As such, in my view, it is not a fit case for anticipatory bail, which is hereby rejected. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T