Akhilesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24533 of 2015 Arising Out of PS.Case No. -138 Year- 2014 Thana -NAWINAGAR District- AURANGABAD ====================================================== Akhilesh Chauhan Son of Deep Narayan Chauhan Resident of Nabinagar Pokhara Par, P.S. Nabinagar, District Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeshwar Singh For the Opposite Party/s : Mr. Ram Bachan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 18.10.2014 in a case registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code. The accusation is of abducting the minor daughter of the informant. In 164 Cr.P.C. statement the victim has staed that she was abducted by the petitioner, co-accused Dhirendra Yadav and Rintu Chaudhary.

It is submitted by learned counsel for the petitioner that 164 Cr.P.C. statement suggests that the victim of her own went in the company of the petitioner and others and the medical report suggests no sign of external injury including the

Patna High Court Cr.Misc. No.24533 of 2015 (2) dt.21-07-2015 2/2 injury on the private part and the accusation of rape has been ruled out by the doctor when the victim has been found aged between 16-17 years and co-accused Dhirendra Yadav has been granted bail vide Cr. Misc. No. 17251 of 2015.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the fact that the victim has been found minor on the alleged date of occurrence and has specifically alleged that she was being ravished by this petitioner, this Court is not inclined to grant bail to the petitioner at present in connection with Nabinagar P.S. Case No. 138 of 2014 pending in the court of learned Special Judge-cum- Ist Additional Sessions Judge, Aurangabad.

Accordingly, the prayer for bail of the petitioner is rejected.

(Dinesh Kumar Singh, J) DKS/- U T