Bipin Kumar @ Bipin Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3195 of 2023 Arising Out of PS. Case No.-26 Year-2022 Thana- MAHILA P.S. District- Nawada ====================================================== BIPIN KUMAR @ BIPIN KUMAR YADAV SON OF RAJKUMAR PRASAD @ RAJKUMAR YADAV RESIDENT OF VILLAGE- HIRO TOLA DHANU BIGHA, P.S -MESKOUR, DISTRICT- NAWADA ... ... Appellant/s

Versus

1.

The State of Bihar 2.

JYOTI KUMARI DAUGHTER OF SANTOSH CHAUDHARY RESIDENT OF VILLAGE- GONDAPUR, PS- NAGAR, DISTT- NALANDA ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Indradeo Prasad, Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-09-2023 Heard Mr. Indradeo Prasad, learned Counsel for the appellant and learned Special P.P.

2. This appeal is directed against the order dated 02.05.2023 passed by learned Additional District and Sessions Judge (POCSO), Nawada in connection with Mahila P.S. Case No. 26 of 2022 registered for the offences under sections 376, 506 and 504 of the Indian Penal Code, section 4 of the POCSO Act, section 66(e) of the I.T. Act and section 3(i)(r)(s)(w)(i) and 3(2)(v) of the SC/ST Act whereby and whereunder prayer for regular bail of the appellant has been rejected.

3. As per the prosecution story, the allegation against this appellant is of committing rape and thereafter prepared a

Patna High Court CR. APP (SJ) No.3195 of 2023(3) dt.08-09-2023 2/2 video which was made viral. Accordingly, the FIR.

4. It is the case of the appellant that he has been framed in the matter.

5. Learned Special P.P., on the other hand, submits that specific allegation is against him of committing rape as also making the video viral.

6. Considering the facts on record and the submissions of the parties, no relief can be granted to the appellant for the present.

7. Accordingly, the appeal stands dismissed.

8. The trial Court is directed to expedite the trial and conclude the same within a period of one year. (Rajiv Roy, J) Neha/- U T