Patna High CourtCR. MISC./48398/2016rejected

Nilu Yadav v. The State Of Bihar

2016-12-01Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48398 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -SAHKUND District- BHAGALPUR ====================================================== Nilu Yadav S/o Musho Yadav Resident of Village-Sarha, P.S.-Sahkund, District-Bhagalpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-12-2016 Heard Mr. Pramod Kumar Singh for the petitioner and Mr. Dayal, APP for the State.

The petitioner prays for grant of bail in Sahkund P.S. Case No. 95 of 2016 registered under section 376/34 IPC and section 4 of the POCSO Act.

The mother of the victim lodged the case alleging that on the intervening nights of June 14-15, 2016 while her daughter aged about 15 was sleeping in the house, the accused persons forcibly lifted her. Having found the victim traceless, the informant came out on the street and raised a Hulla. Near the house of the co-accused Nand Kishore Yadav the victim was found half/semi naked in senseless condition. On regaining consciousness, it is alleged that she named the petitioner and other who had forcibly kidnapped her and committed rape on her.

Patna High Court Cr.Misc. No.48398 of 2016 (2) dt.01-12-2016 2/2 The contention of the petitioner is that the victim in her statement made under section 164 Cr. P.C. has stated many things, but not specifically about commission of rape on her by the petitioner. The petitioner is in custody since 19.07.2016 having no criminal antecedents.

Learned APP opposed the prayer and submitted that in the FIR itself the victim, it is stated, after regaining consciousness, named the petitioner. In her statement made under section 164 Cr. P.C.

also she had indicated specifically about the implication/involvement of the petitioner. Co accused Nand Kishore Yadav has already been refused bail.

Considering the above, I am not persuaded to extend the petitioner the privilege of bail. Prayer is accordingly rejected. (Kishore Kumar Mandal, J) HR/- U T