Yaswant Singh @ Jaswant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36869 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== YASWANT SINGH @ JASWANT SINGH S/O- ASHOK SINGH Resident of Village- Paanti, P.S.- Nabinagar, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-02-2022 Heard learned counsel for the parties through video conferencing.

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

As per the prosecution case, the petitioner is said to have committed rape on the ten year old minor daughter of the informant.

It is submitted by learned senior counsel appearing for the petitioner that the petitioner has been falsely implicated in the case for oblique reasons. An F.I.R. being Nabinagar P.S. Case no.373 of 2017 was registered wherein the husband of the

Patna High Court CR. MISC. No.36869 of 2021(3) dt.03-02-2022 2/2 informant was made an accused and the petitioner is a witness in the said case. The petitioner is in custody since 27.3.2021 and chargesheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State who submits that the ten year old daughter of the informant has supported the case against the petitioner in her statement under sections 161 and 164 of the Cr.P.C.. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the material that has transpired in course of investigation together with the statement of the victim-minor daughter of the informant, 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. (Partha Sarthy, J) Saurabh/- U T