Dismissed

Nathuni Yadav v. The State of Bihar

Patna HC5 Jul 2023CR. MISC./5282/2023

Case brief

AI extract

What is this about?

In an anticipatory bail petition, the Patna High Court rejected the prayer, observing that the victim's statement supported the prosecution case. The petition was dismissed, but the petitioner was permitted to surrender within six weeks to seek regular bail.

What did the court decide?

The prayer for grant of anticipatory bail is rejected; petitioner is at liberty to surrender within six weeks to seek regular bail.

Nathuni Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5282 of 2023

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Arising Out of PS. Case No.-212 Year-2022 Thana- KHANPURA District- Samastipur

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======================================================

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NATHUNI YADAV Son of Jiya Lal Yadav R/v- Mujari, P.S.- Khanpur, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms.Swati Mishra, Adv. For the Opposite Party/s : Mr.Rabindra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 05-07-2023

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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Petitioner apprehends his arrest in connection with Khanpur P.S. Case No.212 of 2022, registered for the offence punishable u/s 341, 323, 324, 506, 376 of the IPC.

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As per the prosecution case, the petitioner committed rape upon the informant on the point of sickle and thereafter on protest, he threw sickle on her neck, which hit and caused injury on her face.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the medical board has not found any

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Patna High Court CR. MISC. No.5282 of 2023(4) dt.05-07-2023 2/2

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sign of sexual assault with the victim. Parties are family members. Petitioner has no criminal antecedent.

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Learned APP for the State opposed the prayer for bail by submitting that the statement of the victim was recorded u/s 164 Cr.P.C., in which, she has supported the prosecution case.

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Having regard to the facts and circumstances of the case and considering the statement of the victim u/s 164 Cr.P.C., I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

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This application is accordingly dismissed.

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However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law.

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(Anjani Kumar Sharan, J)

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pallavi/-

¶24

U T

Nathuni Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nathuni Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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