Patna High CourtCR. MISC./47203/2024bail rejected

Ram Lakhan Singh v. The State Of Bihar

2024-08-22Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47203 of 2024 Arising Out of PS. Case No.-490 Year-2023 Thana- KHAIRA District- Saran ====================================================== Ram Lakhan Singh Son of Bhagirath Singh Resident Korea, P.S.- Khaira, District- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Adv For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Khaira P.S. Case No. 490 of 2023 dated 24.12.2023 registered for the offence/s punishable u/s 376 DA of the Indian Penal Code, sections 4 and 6 of the POCSO Act and section 67 of the I.T. Act.

3. As per the prosecution case, the co-accused persons are alleged to have committed rape on the informant's granddaughter and made a video of it and threatened to make the same viral.

Patna High Court CR. MISC. No.47203 of 2024(3) dt.22-08-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. There was love affair between the victim and one co-accused Mithilesh Kumar. The bail of the similar situated co-accused, namely, Rajan Kumar has already been rejected by this court vide order dated 01.05.2024 passed in Cr. Misc. No. 31343 of 2024. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim has disclosed the name of the petitioner in her statement recorded u/s 161 and 164 of the Cr. P.C. It is further submitted that the medical board assessed the age of the victim as 18 years. It is further submitted that the medical board reveals that there is strong evidence of intercourse with the victim within five to seven days.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.

7. Learned Trial Court is directed to expedite the trial and conclude the same preferably at the earliest.

Patna High Court CR. MISC. No.47203 of 2024(3) dt.22-08-2024 3/3

8. The application stands rejected.

(Chandra Prakash Singh, J) Jyoti/- U T