Patna High CourtCR. MISC./73871/2022rejected

Laxman Yadav v. The State Of Bihar

2023-04-13Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73871 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- MAHILA P.S. District- Sheikhpura ====================================================== LAXMAN YADAV S/o Arjun Yadav R/o Mohalla- Bangalipar, P.S.- Sheikhpura, Distt- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 26.04.2022 in connection with Sheikhpura P.S. Case No. 16 of 2022, F.I.R. dated 25.04.2022 registered for the offence punishable under Sections 376(D), 341, 323, 504, 506, 387, 379/34 of the Indian Penal Code.

Allegation against the petitioner and other co-accused persons is that they committed rape upon the victim and used to blackmail her by recording video.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that the

Patna High Court CR. MISC. No.73871 of 2022(2) dt.13-04-2023 2/2 allegation as alleged in the FIR is false and fabricated and the petitioner has not committed rape upon the victim. Learned APP for the State, on the other hand, on the basis of the material available on the record, has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner and other coaccused persons have committed rape upon the victim and the statement of the victim under Section 164 Cr. P.C. was recorded in which she has categorically stated that the petitioner and other co-accused persons have committed rape upon her and the medical evidence also supports the allegation as alleged in the FIR.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Sheikhpura P.S. Case No. 16 of 2022 pending in the court of learned S.D.J.M., Sheikhpura.

Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T