Ram Pravesh Tanti @ Pravesh Tanti v. The State Of Bihar

Patna High Court Cr.Misc. No.20896 of 2017 (4) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20896 of 2017 Arising Out of PS.Case No. -297 Year- 2016 Thana -BALIA District- BEGUSARAI ======================================================

1. Ram Pravesh Tanti @ Pravesh Tanti, S/o Kripal Tanti, R/o Choti Ballia, Janipur, P.S.- Ballia, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Narayan, Adv. For the Opposite Party/s : Mr. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 Heard the parties.

This application is for grant of regular bail in connection with POCSO Case No.84 of 2016 arising out of Ballia P.S.Case No.297 of 2016 for the offences under Sections 376 & 34 of the Indian Penal Code and Section 4 & 8 of POCSO Act. Allegation against the petitioner and other accused persons is of committing rape upon the prosecutrix, who is a minor girl. Submission of the learned counsel for the petitioner is that the allegation has not been supported by the medical report, in which no sign of rape or injury has been found on the person of the prosecutrix and the petitioner is in custody for more than five months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.20896 of 2017 (4) dt.07-07-2017 Having heard both sides and in view of allegation of committing rape of a minor girl, I am not inclined to grant bail to the petitioner as he is in custody, however, the learned trial court is directed to expedite the trial of the petitioner. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U