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2025 DAILYLAW 75574 (PAT)

Ashok Yadav v. The State of Bihar

CR. MISC./70271/2024 · 2025-01-08

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70271 of 2024 Arising Out of PS. Case No.-115 Year-2024 Thana- KATORIYA District- Banka ====================================================== Ashok Yadav Son of Baldeo Yadav Resident of Village - Behrabank, P.S. - Katoria, District - Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Nandan Prasad , Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 08-01-2025 Heard learned counsel for the petitioner and the State . 2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 306 and 376 of IPC and 67 of the IT Act. 3 . As per the prosecution case , informant used to live in Rajasthan to earn his livelihood. On 24.05.2024 informant received phone call from her wife and she disclosed that this petitioner forcibly entered into her house and made physical relation with her and also clicked obscene photographs of her and made the same viral on facebook and whatsapp . The wife of the informant disclosed all the facts with her son namely Sajan Kumar and took pesticide medicine due to which she got seriously ill and died during course of treatment. It is further Patna High Court CR. MISC. No.70271 of 2024(3) dt.08-01-2025 2/2 alleged that due to depression the deceased committed suicide after this petitioner made the photographs viral. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion . Petitioner has committed no offence as alleged. Deceased herself consumed poison and died. Petitioner claims clean antecedent. 5. Learned counsel for the State opposes the prayer for bail and submitted that petitioner is named in the F.I.R with specific allegation that he committed rape with the deceased and took obscene photographs of her and made the same viral on facebook and whatsaap and due to which deceased went in depression and committed suicide . 6. Considering the nature of accusation and gravity of offence , prayer for pre-arrest bail of the petitioner is rejected. Koushik/- (Prabhat Kumar Singh, J) U T