Rajesh Yadav @ Lal Bilaiya @ Bilaiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23025 of 2020 Arising Out of PS. Case No.-162 Year-2019 Thana- BHELDI District- Saran ====================================================== RAJESH YADAV @ LAL BILAIYA @ BILAIYA Son of Yogendra Prasad Resident of Village-Basatpur (Basantpur), P.S.-Bheldi, District-Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Rina Sinha For the Opposite Party/s :
Mr. Raj Ballabh Sinah ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2020 Heard Mrs. Rina Sinha, learned counsel for the petitioner and Mr. Raj Ballabh Singh, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Sessions Trial No. 63 of 2019 arising out of Bheldi P.S. Case No. 162 of 2019 registered for the offence under Section 376 (D) / 34 of the I.P.C. and Section 4 / 6 / 8 of the POCSO Act. The prosecution story as per the First Information Report is that while the informant was returning from School, she was accosted by one Rana Pratap Singh and 4-5 unknown persons and they committed rape upon the informant one by one.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as
Patna High Court CR. MISC. No.23025 of 2020(4) dt.16-10-2020 2/3 during the course of investigation the mother of the informant has disclosed that apart from the F.I.R. named accused person Rana Pratap Singh, two more persons namely, Rajesh Singh @ Rajesh Raj and Krishna Rai @ Krishna Yadav had committed rape upon her daughter. Learned counsel further submits that Rajesh Singh @ Rajesh Raj and Krishna Rai @ Krishna Yadav have been granted bail by this court in Cr. Misc. No. 63899 of 2019 and CR. REV No. 61 of 2020 respectively. Learned counsel further submits that under Section 164 of the Cr.P.C. the statement of the victim girl was also recorded in which she has not disclosed the name of petitioner and name of the petitioner has transpired on the basis of the confessional statement of the co-accused Rana Pratap Singh. Learned counsel also submits that the medical report does not support the prosecution story of rape. Learned counsel further submits that petitioner is in custody since 06.07.2019.
Having heard learned counsel for the parties and taking into consideration the materials available on record, the fact that similarly situated accused persons have been granted bail by this court and the petitioner is in custody since 06.07.2019, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be
Patna High Court CR. MISC. No.23025 of 2020(4) dt.16-10-2020 3/3 released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge -Ist, Special Judge, POCSO, Saran / court concerned in connection with Sessions Trial No. 63 of 2019 arising out of Bheldi P.S. Case No. 162 of 2019.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U T