Shrawan Singh @ Sarwan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.3509 of 2017 (3) dt.17-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3509 of 2017 Arising Out of PS.Case No. -266 Year- 2016 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Shrawan Singh @ Sarwan Singh, Son of Dhanpat Singh, resident of Village- Khajuria, P.S.- Ara Mufassil, District- Bhojpur (Ara). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Narayan Verma For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Ara Muffasil P.S. Case No. 266 of 2016 registered for the offences punishable under Sections 376(2) (i) of the Indian Penal Code and Section 4 of POCSO Act.

Allegedly, the petitioner committed rape with the daughter of the informant aged about 16 years who is mentally ill when she was alone in her house after bringing her in the house of Bengali Prasad Kahar.

Submission is of false implication and that the written report has been submitted by the father of the victim girl not by the victim girl. The written report was written by one Qyamuddin Ansari and father of the victim has only signed the same. The

Patna High Court Cr.Misc. No.3509 of 2017 (3) dt.17-03-2017 written report has been submitted after delay of one day, the medical evidence does not support the allegation of rape and as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of bail by submitting that the victim girl in her statement recorded under Section 164 Cr.P.C. has supported the allegation of rape by the petitioner against her and as such he does not deserve bail.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T