Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54150 of 2022 Arising Out of PS. Case No.-271 Year-2022 Thana- KAUWAKOL District- Nawada ====================================================== PANKAJ SINGH Son of Karu Singh Resident of Village - Dhanua, P.s.- Rupo, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Sharma For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 376 of the Indian Penal Code and Section 4/6 of the POCSO Act. The prosecution case, in brief, is that the informant alleged that when her nanad, aged about 13 years, went to tie her goats in the filed, in the meantime, the petitioner pressed her mouth and took her in the filed, thereafter, he committed rape with the victim.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted

Patna High Court CR. MISC. No.54150 of 2022(4) dt.16-03-2023 2/3 that the medical report of the victim does not support the prosecution versions just because the doctor did not find any external or internal injury on the body of the victim. Learned counsel further submits that the accused petitioner apprehended on 22.5.2022 itself, but he was not medically examined which violates Section 53(A) of Cr.P.C. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent and languishing in judicial custody since 22.5.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the statement of victim recorded under section 164 of Cr.P.C. supports the prosecution versions, wherein, she made direct allegation of rape against the petitioner. She further stated that the petitioner took her in the field forcefully and committed rape with her. The prosecution witness also corroborates the prosecution story.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his

Patna High Court CR. MISC. No.54150 of 2022(4) dt.16-03-2023 3/3 prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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