Patna High CourtCR. MISC./82012/2024bail granted

Pappu Yadav @ Pappu Kumar v. The State Of Bihar

2025-04-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82012 of 2024 Arising Out of PS. Case No.-341 Year-2023 Thana- MANSI District- Khagaria ====================================================== Pappu Yadav @ Pappu Kumar Son of Lal Bahadur Yadav @ Shri Lal Bahadur Yadav Village- Thatha P.S.- Mansi District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for offence under Section 376(D) of the Indian Penal Code.

3. As per prosecution case, the F.I.R. named accused persons including this petitioner committed rape upon the victim (informant).

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. The medical report does not support the prosecution case. According to opinion of Doctor, "No evidence of deposition of semen inside vagina within 48-72 hrs.". Learned counsel further submits that during trial, the informant (victim), who was examined as P.W.-2, has deposed that she did not recognize this petitioner and other two co-accused persons. She also deposed that this petitioner has not committed rape upon her (copy of

Patna High Court CR. MISC. No.82012 of 2024(3) dt.11-04-2025 2/2 deposition is at Annexure - A to the supplementary affidavit). Petitioner has got clean antecedent and is in custody since 20.08.2024. Chargesheet has been submitted.

5. Learned A.P.P. for the State vehemently opposed the bail petition.

6. Considering the deposition of informant and period of custody, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 341 of 2023.

(Prabhat Kumar Singh, J) anay U T