Dharmendra Yadav vs The State Of Bihar on 13 December, 2018

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Patna High Court - Orders

Dharmendra Yadav vs The State Of Bihar on 13 December, 2018

Bench: Vinod Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.65492 of 2018
                        Arising Out of PS. Case No.-117 Year-2018 Thana- JHAJHA District- Jamui
                 ======================================================
                 Dharmendra Yadav Son of Late Munna Yadav Resident of Village-
                 Mahapur,P.S. Jhajha,Distt.-Jamui
                                                                  ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar Sinha
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                                       ORAL ORDER

3   13-12-2018

The petitioner seeks bail in connection with Jhajha P.S.Case No. 117 of 2018 registered under Sections 354B, 354C and 376G of the Indian Penal Code and 67, 67(a) and 67(b) of the Information and Technology Act.

Allegation against the petitioner and five other accused persons is that they committed gang rape with the daughter of the informant and one person was also taking photograph and made it viral.

Submission of learned counsel for the petitioner is that petitioner has been made accused due to village rivalry, however, medical report does not support the prosecution case as no spermatozoa was found on the person of the victim and petitioner is in custody since 02.04.2018. It has further been submitted that one of the co-accused Ravinder Yadav has been granted bail by a co-ordinate Bench of this Court. Patna High Court Cr.Misc. No.65492 of 2018(3) dt.13-12-2018 2/2 Heard learned APP also who has opposed the prayer of bail stating that several witnesses have named this petitioner and girl has also in her statement recorded under Section 164 Cr.P.C. taken the name of this petitioner.

Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner. As such, prayer for bail of the petitioner is rejected.

Accordingly, this application stands dismissed.

(Vinod Kumar Sinha, J) sujit/-

U         T

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Patna High Court - Orders