Deep Prakash @ Divya Prakash Yadav vs State Of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 817

PRABHAT KUMAR SINGH
Deep Prakash @ Divya Prakash Yadav – Appellant
Versus
State Of Bihar – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr.Sudhir Kumar Singh, Advocate
For the Respondent: Mr.Ansar Ul Haque, Addl Public Prosecutor

JUDGMENT :

1. Heard learned counsel the petitioners, the State and the informant.

2. The present application has been filed under section 439 of the Code of the Criminal Procedure (herein after referred to as 'the Code') directly before this Court with two fold prayers. Firstly, they may be permitted to surrender in connection with Araria Mahila PS Case No. 118 of 2016/GR No. 4200/2016 and secondly, their case may be considered for grant of bail by the High Court.

3. Stamp reporter has raised objection regarding maintainability of this application as the petitioners have not approached the Court of Sessions at the first instance.

4. Brief facts giving rise to the instant case is that on the written statement of one Chabidas, Araria Mahila PS Case No. 118 of 2016/GR No. 4200/2016 was registered to the effect that on 19.12.2026 at about 2 pm while she was at the Polytechnic Chauk, Purnea waiting to catch a bus for Farbisganj, suddenly, petitioners and one other unknown person came there on Safari vehicle and offered her lift. She further alleged that as the petitioners were known to her, she boarded their vehicle, whereupon they took her to a lonely place and committed gang rape on her.

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