Binodi Rajbanshi @Binod Rahbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15561 of 2021 Arising Out of PS. Case No.-206 Year-2020 Thana- RAJAOLI District- Nawada ===================================================== Binodi Rajbanshi @BINOD Rahbanshi Son Of Bundel Ram @ Bundel Rajbanshi Resident Of Village - Mahiyara, P.S.- Rajauli, Distt.- Nawada. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376(G) of the Indian Penal Code and Section 4 of the POCSO Act.

It is alleged against the petitioner that he along with co-accused Akhilesh Kumar has ravished the informant, minor girl aged about fourteen years. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that for the alleged occurrence of 13.05.2020, the victim was examined on 19.05.2020 where the doctor has assessed

Patna High Court CR. MISC. No.15561 of 2021(6) dt.16-01-2023 2/2 the age of the victim as 17 years and did not find concrete sign of commission of rape. The petitioner is languishing in custody since 19.05.2020.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that the victim in her 164 Cr.P.C statement has specifically alleged against the petitioner that he ravished her. The independent witnesses also supported the case of the prosecution. In the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner, for the present. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same within a reasonable period of time.

(Sunil Kumar Panwar, J) Shageer/- U T