Dhiraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29018 of 2021 Arising Out of PS. Case No.-113 Year-2020 Thana- SINGHWARA District- Darbhanga ====================================================== DHIRAJ SINGH, Son of Indu Singh, Resident of Village - Bharwara, P.O.- Bharwara, P.S.- Singhwara, Distt.- Darbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 376, 504, 506 and 34 of the Indian Penal Code, section 4 of the POCSO Act and section 67(A)(B) of IT Act.

As per the prosecution case, the petitioner is stated to have committed rape on the informant.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegation in the FIR has neither been found to be correct in the medical report nor substantiated in course of investigation. The petitioner is in custody since 14.10.2020. Referring to the deposition of the witnesses in course of trial, it is submitted that the witnesses including the informant herein have turned hostile.

Patna High Court CR. MISC. No.29018 of 2021(2) dt.20-12-2021 2/2 There is no chance of conviction of the petitioner. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner in the FIR, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. Liberty is granted to the petitioner to renew his prayer for bail in case there is no substantial progress in the trial in six months.

(Partha Sarthy, J) Spd/- U T