Sanjiv Kumar Singh @ Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32783 of 2017 Arising Out of PS.Case No. -129 Year- 2017 Thana -SURSAND District- SITAMARHI ====================================================== Sanjiv Kumar Singh @ Sanjiv Kumar, son of Vinay Singh @ Ramvinay Singh, resident of Village- Malahi, Police Station- Sursand, DistrictSitamarhi. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sursand P.S. Case No. 129 of 2017 registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 4/12 of POCSO Act.

Allegation against the petitioner is of committing rape upon the prosecutrix, who is a minor girl.

Submission of learned counsel for the petitioner is that as a matter of fact there is land dispute between the parties and some altercation took place in which persons of petitioner's side have been assaulted and the false and concocted case has been filed. Further submission is that Doctor has not found any sign of rape on the person of victim and he is in custody since 13.5.2017.

Patna High Court Cr.Misc. No.32783 of 2017 (4) dt.04-09-2017 2/2 Heard learned APP and learned counsel for the informant, who have opposed the prayer for bail. Having heard both sides and in view of the allegation, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, learned trial court is directed to expedite the trial.

(Vinod Kumar Sinha, J) spal/- U