Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2277 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- MAHILA P.S. District- Siwan ====================================================== RAMESH YADAV Son of Dhoda Yadav @ Dhona Ray Resident of Village - Angya Mathiysa, P.O. Alya, P.S.- Gareakothi, District- Siwan ... ... Appellant/s

Versus

The State of Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Dhananjay Kumar Tiwary For the Respondent/s :

Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-07-2019 Heard learned counsel for the appellant and learned Special Public Prosecutor for the State. This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter in short referred to as the 'SC/ST Act') against the refusal of prayer for bail vide order dated 11.04.2019 passed by learned 1stAdditional Sessions Judge cum Special Judge, Siwan in connection with POCSO Trial No.73 of 2019, arising out of Siwan Mahila P.S. Case No. 08 of 2018 registered under Section 376 of the Indian Penal Code, Section 4, 6.8 and 12 of the POCSO Act and Section 3(1) (W)II/2 (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Patna High Court CR. APP (SJ) No.2277 of 2019(3) dt.22-07-2019 2/3 Appellant is said to have committed rape against the minor daughter of the informant aged about 31⁄2 years while she had gone for defecation.

It is submitted by learned counsel for the appellant that no such occurrence as alleged ever took place. He has no concern with the aforesaid occurrence. Appellant has been falsely implicated in the case by the informant to extort money from him. There is no eye witness of the occurrence. Charge against the appellant has been framed. Appellant has been languishing in custody since 14.02.2018.

Learned Spl. PP for the State opposed the prayer for bail submitting that there is specific allegation against appellant of committing rape against the minor daughter of the informant aged about 31⁄2 years. The blood was found on the under garment of the victim which was produced before the I.O. On medical examination of the victim, the doctor has found abrasion on the various parts of the person scratch over lower abdomen, over valva, bloodstain over valva and inner side of both thigh present and hymen of the victim ruptured. The doctor has opined the commission of rape against the victim. Hence, the appellant does not deserve bail.

In the facts and circumstances of the case, I am

Patna High Court CR. APP (SJ) No.2277 of 2019(3) dt.22-07-2019 3/3 not inclined to enlarge the appellant on bail. The prayer for bail is hereby rejected.

However, the learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within nine months from the date of receipt/production of a copy of this order. Both the parties are expected to extend their cooperation in conclusion of the trial. The Superintendent of Police, Siwan is directed to ensure production of the witnesses in the case on each and every date fixed without fail. Let a copy of this order be sent to the Superintendent of Police, Siwan for needful. Accordingly, this appeal is dismissed.

(Prakash Chandra Jaiswal, J) Trivedi/- U T