Rakesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78927 of 2018 Arising Out of PS. Case No.-217 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== Rakesh Kumar Yadav S/o Ram Balak Yadav R/vill-Balia Bujurg, P.SAkbarpur in the district of Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2019 Heard the parties.

The petitioner seeks pre- arrest bail in Akbarpur P.S.Case No.217/18 registered under Sections 376/354 of I.P.C. Allegation against the petitioner is of committing rape upon the informant.

Submission on behalf of the learned counsel for the petitioner is that there is delay of 9 days in lodging of the F.I.R. and in support of it nothing is available on the record. Heard the learned Additional P.P. also who opposed the prayer for bail on the ground that the victim in paragraph 4 of her statement made under Section 161 of Cr.P.C. and the statement under Section 164 Cr.P.C. vide paragraph 31 of the case diary has fully supported the prosecution case of rape by the petitioner.

Patna High Court Cr.Misc. No.78927 of 2018(2) dt.11-01-2019 2/2 Having heard both sides and in view of the facts and circumstances of the case, I am not inclined to grant anticipatory bail to this petitioner. Prayer for anticipatory bail is rejected. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) aks/- U