Jay Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9722 of 2021 Arising Out of PS. Case No.-89 Year-2020 Thana- SACHIVALAYA District- Patna ====================================================== JAY KRISHNA YADAV S/O LATE KAILU YADAV Resident Of Mohalla - Khurda, P.S. - Kumar Khand, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in Sachiwalaya P.S. Case no. 89/2020 registered for the offence punishable under section 376 of the Indian Penal Code and sections 8/12 of POCSO Act.

As per prosecution case, this petitioner is alleged to have committed unnatural sex on the minor daughter of the informant.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case due to dispute between the parties. In fact, petitioner was working as home guard in the quarter of the Chief Secretary and the informant

Patna High Court CR. MISC. No.9722 of 2021(3) dt.19-07-2021 2/2 was also living inside the room of this petitioner. On a complaint filed by this petitioner, Secretary had taken action against the husband of the informant and due to this reason, informant filed false case against the petitioner. He further submits that girl was examined and doctor did not find any injury on the private part of the victim girl and as such no case under section 376 IPC or POCSO Act is made out. Petitioner has got clean antecedent and is in custody since 25.08.2020. However, learned counsel for the State opposed the prayer for bail and submitted that victim girl in her 164 statement has supported the prosecution case. Considering the rival submissions and nature of allegation and gravity of the offence, this bail application is rejected.

(Prabhat Kumar Singh, J) s.hassan/- U T