Yogendra Rai @ Yogendra Kumar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.7004 of 2017 (2) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7004 of 2017 Arising Out of PS.Case No. -94 Year- 2016 Thana -MAHILA P.S. District- SIWAN ====================================================== Yogendra Rai @ Yogendra Kumar Rai Son of Late Acchuta Nand Rai, Resident of Village-Amarpur, P.S.Darauli and District-Siwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Utsav Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Siwan Mahila P.S. Case No. 94 of 2016 registered for the offences punishable under Sections 376, 313, 316 of the Indian Penal Code.

Allegedly, the petitioner being the father of the informant committed rape with her and when she became pregnant, she was aborted at Leelawati Hospital. Submission is of false implication and that the prosecution story appears not probable and reliable, no father will commit such an offence, the petitioner is postmaster and the FIR has been lodged after much delay. The medical evidence does not support the prosecution version. The informant is living with the

Patna High Court Cr.Misc. No.7004 of 2017 (2) dt.23-02-2017 petitioner and as such the petitioner deserves sympathetic consideration.

Learned APP seriously opposes the prayer of pre-arrest bail.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, this Court is not inclined to grant privilege of pre-arrest to the petitioner, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T