Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74521 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- KATORIYA District- Banka ====================================================== Naresh Yadav Son of Titu Yadav Resident of Village - Jagatraydih, P.S.- Chandramundih, Distt.- Jamui ... Petitioner

Versus

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

For the Petitioner :

Mr.Binod Kumar, Advocate For the Opposite Party :

Mrs.Madhuri Lata, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 376/302/120B of the Indian Penal Code and sections 4/6 of the POCSO Act. Informant alleges that the petitioner and other accused persons named in the FIR, raped and killed her three daughters by cutting their throat. Informant has further alleged that the petitioner and the said accused persons were inimical to her and had threatened her of the dire consequences.

Learned counsel for the petitioner submits that, though the allegation is heinous in nature, the petitioner is a rickshaw puller and he has falsely been implicated in the case due to old subsisting dispute. There is no eye witness to the occurrence and the petitioner has no criminal antecedent. Considering the nature of allegation, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail within six weeks which would be disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T