Devanand Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.654 of 2021 Arising Out of PS. Case No.-116 Year-2011 Thana- GANGABRIDGE District- Vaishali ====================================================== Devanand Ray, Son of Nathun Ray @ Nathun Prasad Ray, Resident of Village- Terasiya, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandeep Kumar, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-04-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 376/34 of the Indian Penal Code.

Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1. Allegation against petitioner and other FIR named accused is to have committed rape upon the informant, who has been found to be minor.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent and he is in custody since 23.04.2018.

Report from trial court regarding stage of trial has

Patna High Court CR. MISC. No.654 of 2021(3) dt.07-04-2021 2/2 been received, according to which, accused had filed an application under Section 227 of Cr.P.C. which was rejected on 1.2.2021 and, thereafter, charges have been framed on 18.2.2021 under Sections 376(2)(g) of IPC. There are altogether 12 charge-sheet witnesses including four official witnesses against whom, summons have been issued and case is fixed for prosecution evidence.

The allegations are corroborated by medical report as well as DNA report. As such, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected.

However, the trial court is directed to expedite the trial and conclude the same within a period of one year from the date of receipt/production of copy of order passed by this Court. (S. Kumar, J) Rajiv/- U T