Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17282 of 2015 Arising Out of PS.Case No. -261 Year- 2014 Thana -ROSERA District- SAMASTIPUR ====================================================== SHYAM YADAV SON OF DHODHAI YADAV, RESIDENT OF VILLAGE- RAJWARA, P.S.- KHANPUR, DISTRICT- SAMASTIPUR .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Suneil Kumar Thakur, Adv. For the Opposite Party/s : Mr. Hirday Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-06-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Instant case has been registered at the behest of Maula Devi, mother of alleged victim Phulo Devi who became traceless. Phulo Devi was subsequently traced out and, during course of her statement under Section 164 Cr.P.C. against the petitioner to be her rapist.

It has been submitted on behalf of petitioner that from perusal of her statement it is apparent that she happens to be a consenting party and that being so, being a major aged about 20 years as is evident from medical report, petitioner should be released on bail.

The learned Additional Public Prosecutor opposed the prayer.

Patna High Court Cr.Misc. No.17282 of 2015 (3) dt.22-06-2015 Considering the statement of the victim prayer for bail is rejected.

(Aditya Kumar Trivedi, J.) PN/- U T