Ranjan Kumar Thakur @ Ranjan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40210 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- NADI District- Supaul ====================================================== RANJAN KUMAR THAKUR @ RANJAN THAKUR Son of Bindeshwar Thakur Resident of Village- Panchgachhiya, Ward No.-15, P.S.- Nadi, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar, Advocate.

For the Opposite Party/s :

Mrs. Sharda Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-03-2022 Heard the parties.

Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner seeks regular bail in connection with Nadi P.S. Case No. 7 of 2021 for the offence punishable under Sections 341, 323, 354, 354B, 355, 352, 504 and 506/34 of the Indian Penal Code and Section 8 of the POCSO Act. On the basis of the fardbeyan of the victim minor girl aged about 17 years, it has been alleged that while the victim was going to bring soil from the nearby field, the petitioner

Patna High Court CR. MISC. No.40210 of 2021(3) dt.08-03-2022 2/3 pulled her in his saw mill at the point of knife tried to rape her, in course of which she resisted. The petitioner assaulted her and put vermilion on her head.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged. A false and fabricated case has been filed by the informant in retaliation to Nadi P.S. Case No. 02 of 2021 filed by the present petitioner.

Learned APP has opposed the grant of bail to the petitioner and submits that the victim has supported the allegation made in the F.I.R. in her statement under Section 161 Cr.P.C. and also in her statement before the Magistrate under Section 164 Cr.P.C. The present is a case of attempt to rape which has been corroborated by other witnesses in Paragraph Nos. 7 to 9 of the case diary. Hence the petitioner does not deserve to be released on bail.

Taking into consideration the heinous nature of crime that the petitioner had attempted to rape a minor girl, I am not inclined to enlarge the petitioner on bail.

Accordingly, the present bail application is rejected. The trial court is directed to conclude the trial expeditiously considering the fact that the petitioner is in

Patna High Court CR. MISC. No.40210 of 2021(3) dt.08-03-2022 3/3 custody since 20.01.2021.

If no substantial progress takes place in the trial, the petitioner, if so advised, may renew his prayer for bail. (Purnendu Singh, J) mantreshwar/- U T