Harish Chandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56070 of 2019 Arising Out of PS. Case No.-200 Year-2007 Thana- MUNGER MUFFASIL District- Munger ====================================================== 1.

HARISH CHANDRA YADAV Sonof Late Jagdish Yadav Resident of Village-Jagdish Marar Tola, Tikarampur, P.S.-Muffasil, District-Munger. 2.

Nunu Lal Yadav Son of Lalit Yadav Resident of Village-Jagdish Marar Tola, Tikarampur, P.S.-Muffasil, District-Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Muffasil P.S.Case No.200 of 2007 registered for offences punishable under Sections 376, 120(B), 420 of the Indian Penal Code.

Allegation against the petitioners is that he along with the others committed rape upon the complainant. The case is of the year, 2007.

Submission of the learned counsel for the petitioners is that as a matter of fact no such occurrence took place. The petitioners have no knowledge about the same, as such they could not appear earlier .

Patna High Court CR. MISC. No.56070 of 2019(2) dt.04-09-2019 2/2 Heard learned A.P.P. who has opposed the prayer for for bail on the ground that he is coming after almost 12 years of lodging of the case. .

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioners are directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on the basis of materials available against them in the case diary and if possible to be disposed of on the same day.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T