Shankar Ravidas @ Shankar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51097 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- MAHILA PS District- Gaya ====================================================== Shankar Ravidas @ Shankar Das Son Of Chandradev Ravidas @ Chandradev Das Resident Of Village - Diwaniya, P.S. - Dhangai, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunal Tiwary For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 376, 376(3), 504, 506 of the Indian Penal Code and Section 4/6 of POCSO Act.

It is a case of commission of rape with the petitioner's younger sister by the petitioner. The thrust of accusation is that petitioner forcefully took the informant's younger sister to a nearby field when she has gone to attend the call of nature and ravished her. It is further alleged that when the informant went to the house of petitioner to inquire the same, he was badly abused by the petitioner and

Patna High Court CR. MISC. No.51097 of 2023(3) dt.04-10-2023 2/3 was threatened of dire consequences.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is inordinate delay of 8 days in lodging the FIR. The present case has been lodged in background of land dispute between the parties. Informant is not the eye witness of the alleged occurrence. Petitioner has got no criminal antecedent and languishing in judicial custody since 21.03.2023.

Learned APP appearing for the State has opposed the prayer of bail and submitted that the victim has specifically whispered about the complicity of petitioner in the alleged offence in her statement recorded under Section 164 Cr.P.C. She has stated that petitioner has committed rape twice with her. During investigation, several witnesses have supported the prosecution case.

Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner upon the informant's sister, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

Patna High Court CR. MISC. No.51097 of 2023(3) dt.04-10-2023 3/3 The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U T