Shrawan Kumar @ Sharvan Kumar @ Sharvan Yadav @ Raj @ Shrawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39099 of 2023 Arising Out of PS. Case No.-520 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Shrawan Kumar @ Sharvan Kumar @ Sharvan Yadav @ Raj @ Shrawan Yadav Son Of Late Kongras Prasad Yadav @ Kongras Prasad Resident Of Village - Mangalnagar, P.S - Laheri, District - Nalanda ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 376(D) of the Indian Penal Code, Sections 4/6 of the POCSO Act and Sections 3, 4, 5 of the Immoral Traffic (Prevention) Act.

It is a case of commission of kidnapping and rape to the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.39099 of 2023(3) dt.14-09-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R and subsequently the name of the petitioner surfaced during investigation. There is no eye witness to the occurrence. For the alleged occurrence of 15.10.2022, the F.I.R was registered on 16.10.2022 without explaining the delay. The age of the victim was found between 18-19 years by the medical board and the doctor has not found any external injury over the body or private parts of the victim. The petitioner is languishing in custody since 21.03.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that the petitioner committed rape with her and thereafter sold her to coaccused Md. Sunni who was engaged in flesh trade and he also established forceful sexual relationship with the victim. The victim in her 164 Cr.P.C statement has also corroborated this fact.

Considering the facts aforesaid, this Court is

Patna High Court CR. MISC. No.39099 of 2023(3) dt.14-09-2023 3/3 not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T