Ranjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74534 of 2018 Arising Out of PS. Case No.-284 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ranjay Singh S/o Late Bogo Singh @ Sant Kumar Singh, Resident of VillageShahpur, presently R/o Jagdishpur Tarbanna, P.S.- Muffasil Lakho O.P., District- Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Jha For the Opposite Party/s :
Mr.Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in POCSO Case No. 73/2018, arising out of Muffasil (Lakho O.P.) P.S. Case No. 284/2018, instituted for offence under Section(s) 376 of the Indian Penal Code read with Sections 8/12 of POCSO Act.
It is alleged in the written report that on 25.05.2018 daughter of informant made complain of pain in her stomach. She was taken to doctor then it was revealed that she was pregnant. When informant inquired from the victim, she disclosed that 5 to 6 months back while she was returning from school this petitioner along with co-accused Gaurav Kumar had committed rape with her and had given threat of dire consequences. It is further alleged that two months back while daughter of informant was going to
Patna High Court Cr.Misc. No.74534 of 2018(3) dt.21-01-2019 2/2 attend call of nature Gaurav Kumar forcibly put medicine into her mouth, which led to her miscarriage.
Statement of victim girl has been recorded under Section 164 Cr.P.C., which is annexed as Annexure-2, wherein she has stated her age to be 11 years. Court below has assessed her age to be 12 years. In the statement victim has levelled specific allegation against this petitioner of committing illegal act with her along with Gaurav Kumar. They had also given threat to her of dire consequences if she would complain to her mother. Case diary has been received in this case.
Learned Addl. P.P. has submitted that victim has been medically examined. In medical report doctor has found the victim to be minor.
Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.
The trial court is directed to expedite the trial. Petitioner will be at liberty to renew the prayer for bail after six months in the event no substantive progress is made in trial.
(Sanjay Priya, J) rakhi/- U