Vipin Kumar Yadav @ Vipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.343 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -KHAJAULI District- MADHUBANI ====================================================== Vipin Kumar Yadav @ Vipin Yadav, son of Rram Lagan Yadav, resident of Village- Mahua Ekdara, P.S.- Khajauli, District- Madhubani. .... .... Appellant/s

Versus

The State of Bihar. .... .... Respondent/s ====================================================== Appearance:

For the Appellant/s : Mr. Sanjay Kumar Singh For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 23-06-2017 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.

Learned counsel for the appellant has submitted that as per medical report, the victim is major and so, considering her conduct it would be inferred that she was a consenting party whereupon, no case is made out. Subsequently thereof, it has also been submitted that under pressure of the guardian she had changed her statement during course of 164 Cr.P.C, which could not be appreciated as found completely demolished from her conduct. At the other end, the learned Additional Public Prosecutor opposed the prayer.

The Hon'ble Apex Court in the case of Jarnail Singh vs. State of Haryana reported in 2013 Cr.L.J 3976 as well as in State of Madhya Pradesh vs. Anoop Singh reported in (2015) 7 SCC 773 had issued direction with regard to ascertainment of age of the victim in the same manner as, juvenile in conflict of law and lastly, in case of absence of relevant documents, the medical evidence could be considered. Accordingly, learned lower court is directed to trace out the status of the victim and in case, victim is found major then in that event, will release the petitioner on bail to his own satisfaction.

Patna High Court CR. APP (SJ) No.343 of 2017 (7) dt.23-06-2017 With the aforesaid observation, instant petition is disposed of. (Aditya Kumar Trivedi, J.) Prakash Narayan U T