Patna High CourtCR. MISC./51518/2024bail rejected

Sunil Yadav v. The State Of Bihar

2024-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51518 of 2024 Arising Out of PS. Case No.-62 Year-2023 Thana- MAHILA P.S District- West Champaran ====================================================== Sunil Yadav Son of Surbali Yadav @ Dadhi Yadav R/O- BAIJUA, WARD NO. 12, P.S.- SRINAGAR, DISTT.- WEST CHAMPARAN ... ... Petitioner/s

Versus

1 .

The State of Bihar 2.

DHUNI KUMARI D/O- DHURP CHAUDHARY R/O- BAIJUA, WARD NO. 12, P.S.- SRINAGAR, DISTT.- WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Singh, Senior Advocate Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and the State .

2. The petitioner seeks regular bail in a case registered for the offence punishable under sections 376, 504, 506, 323 , 341 and 34 of the IPC and section 4 of the POCSO Act. 3 . As per prosecution case , on the alleged date and time of occurrence , this petitioner forcibly caught the victim and took her into field of sugarcane and thereafter committed rape with her.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case . The medical examination of victim i. e,. Annexure - P 2 rules out the possibility of any sexual

Patna High Court CR. MISC. No.51518 of 2024(3) dt.29-11-2024 2/2 intercourse . He further submits that doctor has opined that there is no evidence of any sexual offence . Petitioner is in custody since 13.03.2024.

5 . However, learned counsel for the State opposed the prayer for bail and submitted that petitioner has committed rape upon victim and victim in her statement recorded under Section 164 Cr. P C has also supported the prosecution case . The doctor has opined the age of the victim as 14 years and as such prayer for regular bail of the petitioner is fit to be rejected.

6. Considering the statement of the victim recorded under Section 164 Cr. P C and other circumstances of the case , prayer for regular bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T