Shiva Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67695 of 2018 Arising Out of PS. Case No.-432 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Shiva Yadav, Son of Pawan Yadav @ Pawan Kumar Yadav, Resident of Village- Shahpur, P.S.- Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-12-2018 The petitioner seeks regular bail in connection with Saharsa Sadar P.S. Case No. 432/18, (POCSO Case No. 24/18) registered for offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the minor daughter of the informant and committed rape on her. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case, which will appear from the fact that medical report of the girl does not support the story of rape. Further petitioner has been in judicial custody since 19.04.2018.

Learned counsel for the State opposed the prayer for bail and submitted that the girl in her statement recorded

Patna High Court Cr.Misc. No.67695 of 2018(3) dt.18-12-2018 2/2 under Section 164 Cr.P.C. has clearly stated that this petitioner kidnapped her and continuously committed rape upon her. Having heard both sides, considering the facts and circumstances and the nature of accusation, I am not inclined enlarge the petitioner on bail.

This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T