IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.1144 of 2010
SHAILESH YADAV
Versus
STATE OF BIHAR
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4. 31.3.2011 I.A.No.707 of 2011
The appellant has made his prayer for bail through
the present interlocutory application as originally no prayer for
bail was made in the memo of appeal.
I have heard Shri Manoj Kumar learned counsel
for the appellant and Shri Ajay Mishra, learned A.P.P. for the
State.
The allegation and evidence is that the appellant
committed rape upon a child of 6 to 7 years and the medical
evidence and some of the objective findings of the Investigating
Officer were corroborative of the allegation.
It was contended that no one had seen the real act
being committed and the witnesses have only stated that they
had seen the appellant running away from the scene of the
occurrence. It was further contended that no clothes which were
worn by the victim were seized or produced.
Regard being had to the allegation and the
evidence, the Court is not inclined to direct the release of the
appellant on bail.
The interlocutory application is dismissed.
Kanth ( Dharnidhar Jha, J.)