Yogendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28178 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -NATWAR District- SASARAM (ROHTAS) ======================================================

1. Yogendra Singh son of Shri Bhagwan Singh

2. Sanjay Rai son of Ramayan Rai Both resident of Village- Rajpur,Police Station- Natwar, District- Rohtas .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ramashray Roy For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioners and learned Additional P.P. for the State.

The petitioners are apprehending their arrest in a case registered under Section 366A of the Indian Penal Code. The prosecution case is that the minor daughter of the informant, Guddi Kumari, aged about 17 years, who has been abducted, has made statement under Section 164 of the Cr.P.C. in court that she was abducted by Anil Rai, Sanjay Rai and Joginder and was kept at the house of Anil Rai and subsequently she was ravished by Anil Rai.

It is submitted by learned counsel for the petitioners that subsequently the victim filed an application before the learned

Patna High Court Cr.Misc. No.28178 of 2016 (2) dt.13-07-2016 Magistrate stating that the petitioners were named on the basis of suspicion in her statement made under Section 164 Cr.P.C. on the pressure of the police. The informant also filed an affidavit before the learned court below stating that the victim was not known to the petitioners.

Considering the facts and circumstances and also considering the statement under Section 164 Cr.P.C. and subsequent affidavit, which appears to be an attempt to tamper with the evidence, this Court is not inclined to grant anticipatory bail to the petitioners. Let the learned court below consider the prayer for regular bail of the petitioners, if they surrender before the learned court below within a period of six weeks from today in connection with Natwar P.S.Case No. 04 of 2016, pending in the court of Shri Rajeev Kumar, learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) spal/- U