Shiv Nandan Yadav @ Chutra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.301 of 2025 Arising Out of PS. Case No.-246 Year-2024 Thana- PAKARIBARAW District- Nawada ====================================================== Shiv Nandan Yadav @ Chutra Son of Shital Yadav Resident of Village- Jieuri, P.S.- Pakaribarawan, Distt.- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pun Yadav Son of Late Baldeo Yadav Resident of Vill- Geori, P.S.- Pakari Barawan, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-02-2025 Heard Mr. Dhirendra Kumar Sinha, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 09.06.2024, in connection with Pakaribarawan P.S. Case No. 246 of 2024, F.I.R. dated 08.06.2024 registered for the offences punishable under Sections 341, 323, 504, 506, 376/34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

3. Allegation against the petitioner is that he has committed rape with the victim.

4. 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 the

Patna High Court CR. MISC. No.301 of 2025(2) dt.05-02-2025 2/2 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that the medical team has assessed the age of the victim between 17 to 19 years and in view of the report, no case is made out under the POCSO Act.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the victim was recovered and her statement was recorded under Section 164 of the Cr. P.C./Section 183 of the B.N.S.S., 2023 in which she has categorically stated that the petitioner has committed rape upon her and apart from that the victim has become pregnant.

6. Considering the aforesaid facts and circumstances of the case as well as submission of learned APP for the State, I am not inclined to enlarge the petitioner on bail in connection with Pakaribarawan P.S. Case No. 246 of 2024 pending in the Court of learned Addl. District & Sessions Judge-Vith-cum-Special Judge (POCSO Act), Nawada.

7. Prayer is refused.

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