Ram Swaroop Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29523 of 2019 Arising Out of PS. Case No.-388 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== RAM SWAROOP PANDIT, S/o Late Brahmdeo Pandit, Resident of MohallaMauna, Husse Chhapra, P.S.- Town Thana, District- Chhapra, Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Maheshwar Prasad For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 05-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Chhapra Town P.S. Case No.388 of 2018 instituted for the offence under Section(s) 376C, 201, 315, 120-B Indian Penal Code and Sections 4 and 6 of the POCSO Act pending in the Court of the 1st Additional Sessions Judge, Chapra, Saran.

It is alleged in the written report that Saran Alpawas Grih was being inspected by the informant time to time. During the inspection of last month, due to some doubt, the informant had written letter to the Head Quarter, Patna, on account of which Saran Alpawas Grih was inspected on 10.07.2018 by the Committee constituted by Headquarter. During inspection, it was found that this petitioner, who was Guard in the Alpawas

Patna High Court CR. MISC. No.29523 of 2019(4) dt.05-08-2019 2/3 Grih, had committed rape with one Soni Devi aged about 23 years. It has further been alleged that Training cum Rehabilitation Officer, namely, Smt. Kumari Saroj, had told that a medicine had been given to Soni Devi by the petitioner. The said informaton was also given to Secretary, namely, Randhir Prasad. It has further been alleged that as per medical report dated 06.02.2018 of Sadar Hospital, doctor had found pregnancy negative, but in another report dated 28.06.2018, pregnancy was found positive. It is further alleged that Training cum Rehabilitation Officer and Secretary never disclosed the aforesaid occurrence and they had concealed the fact. Case diary has been received. In the case diary, there is statement of victim recorded under Section 161 Cr.P.C. as well as under Section 164 Cr.P.C., wherein, she has supported the prosecution case and levelled specific allegation against the petitioner.

In such circumstances, this Court is not inclined to enlarge the petitioner on bail.

Prayer of the petitioner for grant of bail is rejected at this stage.

It is submitted that petitioner is in custody since 15.05.2018.

Patna High Court CR. MISC. No.29523 of 2019(4) dt.05-08-2019 3/3 The trial Court is directed to expedite the trial and make all efforts to conclude the same as early as possible, preferably, within a period of nine months from the date of receipt of a copy of this order.

(Sanjay Priya, J) J. Alam/- U T