Patna High CourtCR. MISC./42041/2016rejected

Dayanand Yadav @ Bhim Yadav v. The State Of Bihar

2016-12-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42041 of 2016 Arising Out of PS.Case No. -31 Year- 2012 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dayanand Yadav @ Bhim Yadav Son of Dhurendra Yadav Resident of Village-Manglapur, Police Station-Sangram Pur, District-East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Kumar, Advocate.

For the Opposite Party : Mr. Parmanand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2016 Heard both sides.

The petitioner apprehends his arrest in Sangrampur P.S. Case No. 31 of 2012, registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 20.01.2015 passed in Cr. Misc. No. 1103 of 2015 but now the circumstances has changed. The petitioner has already solemnized marriage with the victim. The victim is living with the petitioner as wife and she has given birth to a female child and again the victim is pregnant. The compromise petition is also filed but it appears that on the date of occurrence the victim was minor and victim made her statement under Section 164 of the Code of

Patna High Court Cr.Misc. No.42041 of 2016 (2) dt.21-12-2016 2/2 Criminal Procedure and on that ground the prayer for anticipatory bail of the petitioner was rejected. Almost two years has elapsed but the petitioner has not surrendered even after rejection of his anticipatory bail petition and came to this Court for grant of anticipatory bail.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T