Vijay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15137 of 2021 Arising Out of PS. Case No.-54 Year-2020 Thana- MAHILA PS District- Darbhanga ====================================================== Vijay Kumar Yadav, S/o Shri Ram Sevak Yadav, R/o Village-Atarbel, P.S. Singhwara, District Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Darbhanga Sadar Mahila P.S. Case No.54 of 2020, registered for the offence punishable under Section 376 D A of the Indian Penal Code as well as under Sections 4/6 of the POCSO Act.

The allegation against the petitioner is that the petitioner and others raped the victim girl.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that the age of the victim girl is about 18-19 years and she is major. It is also submitted that the statement of the victim girl has been recorded u/s 164 Cr.P.C., in which she has not supported the prosecution case. The petitioner is in

Patna High Court CR. MISC. No.15137 of 2021(3) dt.07-10-2021 2/2 custody since 15.09.2020.

Learned counsel for the State vehemently opposed the prayer for bail of the petitioner and submits that the petitioner was also involved in the alleged crime.

Considering the fact that the victim girl has not supported the prosecution case in her statement recorded u/s 164 Cr.P.C., let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO Act), Darbhanga in connection with Darbhanga Sadar Mahila P.S. Case No.54 of 2020.

(Anjani Kumar Sharan, J) Sanjay/- U T