Patna High Court – Orders
Mithlesh Yadav @ Mithlesh Kumar vs The State Of Bihar on 27 January, 2025
Author: Ashok Kumar Pandey
Bench: Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62847 of 2024
Arising Out of PS. Case No.-737 Year-2023 Thana- FATEHPUR District- Gaya
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1. Mithlesh Yadav @ Mithlesh Kumar Son of Ram Chandar Yadav @
Ramchandra Yadav village- Dharhara kala, Ps- Fatehpur, Dist- Gaya
2. Lalu Yadav @ Lallu Kumar son of Chandar Yadav @ Chandra Yadav
village- Dharhara kala, Ps- Fatehpur, Dist- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sangita Kumari Daughter of Raj Kumar Mistri village- Dharhara Kala, Ps-
Fatehpur, Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the State : Mr. Binod Kumar, APP
For the Informant : Mr. Pawan Kumar, Advocate
Mr. Dhaneshwar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 27-01-2025
Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners have prayed for grant of bail in
connection with Fatehpur P.S. Case No. 737 of 2023
registered under sections 341, 354(B), 448, 504, 506 and 34
of the Indian Penal Code and Section 67 of the Information
Technology Act. Further section 376 of the IPC and Sections
4 and 6 of the POCSO Act were added.
3. The case of the prosecution is that
informant/victim was having affair with one Nankesh Yadav.
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He has posted her photograph in his story on facebook but
victim did not file any application regarding this occurrence.
On 7.10.2023 Nankesh gave her a mobile and asked her to
talk him failing which she will have to face dire
consequences. It is further alleged that the petitioners have
also come with him. The victim has submitted the mobile in
the police station. On 08.10.2023 at about 10:30PM when the
informant/victim had gone to attend the call of nature, she
found that one Bullet bike was standing in her courtyard.
These petitioners along with Nankesh Yadav was sitting on
that bike. As the informant tried to run away, petitioner
Mithlesh Yadav caught her and pulled her in courtyard.
Petitioner Lalu Yadav gagged her mouth and started touching
her private parts. Nankesh attempted to disrobe her on this
informant/victim raised alarm and her mother came after this,
they fled away from there. It has also been submitted that the
viral story is being attached with the FIR.
4. Learned counsel for the petitioners submits that
the petitioner are innocent and have committed no offence.
They have falsely been implicated in this case. In this case,
victim has given her statement under Section 164 of the
Cr.P.C. wherein she has stated that Nankesh Yadav has created
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a fake facebook I.D. and has made viral her private
photographs. It has also been submitted during course of
investigation, the brother of the informant has given his
statement under Para-49 of the diary wherein he has stated the
informant/victim and Nankesh were having affair outside
marriage and that he has also objected the same but the victim
was bent upon to marry with Nankesh. This witness has stated
that the name of these petitioners has been added due to dirty
village politics. This statement of the brother of the victim is
further supported by the two witnesses, namely, Gulabi Devi
para-55 and witness Sukhdev Mistri in para-6 of the case
diary. The statement of the victims recorded under Sections
161 and 164 of the Cr.P.C. seems improvement as she has not
stated regarding rape in her F.I.R. by these petitioners. The
statement of the brother of the informant/victim and other
witnesses also goes to support that these petitioners were not
involved in the act. A statement has been made in para-3 of
this petition that the petitioners have got no criminal
antecedent. Moreover, they are languishing in judicial custody
since 02.06.2024.
5. The application for bail is opposed by learned
APP for the State and learned counsel for the informant and
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submitted that from perusal of para-4 of the statement of
victim recorded under Section 164 of the Cr.P.C. it is clear
that all the accused persons committed rape with her. In this
case, victim has also given her statement under Section 161 of
the Cr.P.C. wherein she stated that she was being raped by all
three accused persons. In this case, the FIR was registered on
09.10.2023 and the statement of the victim under Section 161
of the Cr.PC. was recorded on the same day. Later on, when
her statement was recorded under Section 164 of the Cr.P.C.,
she has reiterated her statement made under Section 161 of
the Cr.P.C. In the cases of rape, the statement of victim is of
much importance. The statement of the victim under Section
164 of the Cr.P.C. was recorded on 06.11.2023 but her prior
statement is the F.I.R. which was recorded on 09.10.2023
these two statements in light of the opinion of the doctor,
doctor has not found any sign of rape but he has opined that
rape cannot be ruled out.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of this case, the Court
is inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail in connection
with Fatehpur P.S. Case No. 737 of 2023 on each of them
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furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge-VI-cum-Special Judge
of POCSO Act, Gaya.
(Ashok Kumar Pandey, J)
shubham/-
U T
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