Chandrika Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67574 of 2021 Arising Out of PS. Case No.-376 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== Chandrika Yadav Son of Basudev Yadav Resident of Village - Ichua, Police Station - Wazirganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Wazirganj P.S. Case No. 376 of 2021 registered for the offence under Section 376 of Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 18.08.2021.

The allegation against the petitioner is to rape upon the wife of the informant.

Learned counsel appearing on behalf of the petitioner submitted that, admittedly, from the F.I.R., the occurrence of rape was also committed earlier, for which no complain was

Patna High Court CR. MISC. No.67574 of 2021(3) dt.06-07-2022 2/3 made. It is submitted that, though, victim, who is claimed to be a person of less understanding due to mental disturbance, but it has not been surfaced as unable to record her statement, during the course of investigation. It is further submitted that the medical report also suggest, that there is no recent sign of sexual intercourse, which further creates a doubt, as regard to allegation of rape. It is also submitted that present implication is false, in the background of local village issues. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence, Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the statement of victim is not recorded during the course of investigation either under Section 161 or Section 164 of Cr.P.C.

Considering the facts and circumstances as mentioned above, as victim has not been examined during the course of investigation coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Wazirganj P.S. Case No. 376 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.67574 of 2021(3) dt.06-07-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate- 1st, Gaya, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Vifiya Devi, who is the aunty of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T