Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28342 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -MAHILA PS District- BUXAR ====================================================== Ramesh Yadav, Son of Kamakhya Yadav @ Amakhya Yadav Resident of village - Keshopur, P.S. Simari, District - Buxar .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-07-2016 Heard Sri Krishna Prasad Singh, learned Senior Counsel, who was assisted by Sri Kamal Deo Sharma, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Buxar (Mahila) P.S. Case no.35/2016 registered for the offence under Sections 376, 341, 323 of the Indian Penal Code and Sections 4 and 8 of POCSO Act, has prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioner that litigation in between the petitioner and the informant side is going on. There are number of cases pending in between the parties. He submits that completely a false case was instituted against the petitioner. He further submits that during

Patna High Court Cr.Misc. No.28342 of 2016 (2) dt.26-07-2016 2/2 medical examination, no sign of rape was found and, as such, he has made a prayer for grant of anticipatory bail. Learned Addl. Public Prosecutor, opposing the prayer for anticipatory bail of the petitioner, submits that in the F.I.R. itself, there is specific accusation against the petitioner. Keeping in view the nature of accusation, I am not inclined to extend the privilege of anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U