Vinay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4643 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Vinay Yadav Son Of Late Ramdeo Yadav R/O Village- Satgharwa, P.S.- Hunterganj, District- Chatra, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 27.06.2022, in connection with Sherghati P.S. Case No. 456 of 2022, F.I.R. dated 06.06.2022 registered for the offences punishable under Sections 366(A) of the Indian Penal Code. The prosecution case, in brief, is that on 04.06.2022 at about 02:00 P.M. the informant's minor daughter and mother-inlaw were going to P.N.B. (Dobhi) in the meanwhile vinay Yadav along with some unknown miscreants pulled her mother-in-law and kidnapped her minor daughter aged about 14 years. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears

Patna High Court CR. MISC. No.4643 of 2023(3) dt.19-06-2023 2/2 from the F.I.R. that the alleged date of occurrence on 04.06.2022 but the present F.I.R. was instituted on 06.06.2022 after delay of two days without giving any explanation of delay. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and no such occurrence had taken place. Learned APP for the State, on the other hand, on the basis of material available on record and the case diary, vehemently opposed the prayer for bail and submits that the statement of the victim girl was recorded under Section 164 of the Cr. P.C. in which she has categorically stated that the petitioner has abducted her and the medical report also suggests that the petitioner has committed rape upon the victim. Considering the aforesaid facts that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Sherghati P.S. Case No. 456 of 2022 pending in the Court of Additional District Judge-XV, Gaya.

Prayer is refused.

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