Ravindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44961 of 2025 Arising Out of PS. Case No.-78 Year-2025 Thana- DURAULI District- Siwan ====================================================== Ravindra Yadav S/o Late Lal Bahadur Yadav R/o Village- Amarpur, Belthra Tola, P.S.- Darauli, Distt- Siwan, Bihar ... ... Petitioner

Versus

1.

The State of Bihar 2.

Ram Pravesh Rajbhar S/o Late Suryabali Rajbhar R/o Vill- Amarpur (Belthra Tola), P.S.- Darauli, Distt- Siwan, Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sandesh Roy For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2025 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 Darauli P.S. Case No. 78/2025 dated 18.03.2025 registered for the offence punishable u/s 127(2) and 65(1) of the B.N.S. and Sections 4, 6 and 8 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have committed rape on the informant's minor daughter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. As per the Medical Report, no evidence of sexual assault was found. The petitioner has clean antecedent

Patna High Court CR. MISC. No.44961 of 2025(2) dt.05-08-2025 2/2 as stated in para 3 of the bail petition. The petitioner is in custody since 19.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. The victim in her statement recorded u/s 183 of the B.N.S.S. has supported the prosecution case. Learned counsel has further submitted that it is settled law that the ocular evidence always prevails on the medical report.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Darauli P.S. Case No. 78/2025 pending in the court of learned Exclusive Special Court of POCSO, Siwan.

7. This application stands rejected and the learned court below is directed to conclude the trial of the petitioner at the earliest.

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