A bench of Justices A K Sikri and N V Ramana however directed the trial court not to record the testimony of the minor rape survivor till October 24 after the state government submitted that she felt threatened with the MLA out on bail.
Bihar government standing counsel Gopal Singh said the rape survivor has given a statement that she felt scared and threatened and cannot depose before the trial court.
To this, the bench said that respondent Yadav needed time to reply to the plea and file some documents.
"Till Monday (October 24) the trial court will not proceed with the deposition of the prosecutrix," it said.
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Senior advocate Siddharth Luthra appearing for Yadav said since he received the notice only yesterday, he was not able to file the reply.
Bihar government has urged the court to stay the high court order granting bail to Yadav saying the court had erred in granting bail to Yadav in a heinous case like this.
Yadav had allegedly raped the minor girl at his residence in Biharsharif on February 6 this year. After evading arrest for a considerable time, he surrendered after a local court issue proclamation notice and an order to attach his properties for not surrendering before the police.
The RJD suspended Yadav from the party on February 14, a day after his arrest warrant was issued.
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