Deonandan Singh @ Devnandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65703 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- PATLIPUTRA District- Patna ====================================================== Deonandan Singh @ Devnandan Singh Son of Late Chandrabhan Singh Resident of Village- Daulatpur, P.S.- Sitamarhi, District- Nawada, at present resident of Flat No. 304, Sarswati Sri Enclave, Nehru Nagar, P.S. Patliputra, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sangita Devi W/o Dhananjay Kumar R/o Sarswati Sri Enclave, Flat no. 203, Nehru Nagar, Forest Department Road, P.S.Patliputra, Patna 13 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kant, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP For the Informant :
Mr. Vikash Kumar Singh, Advocate Mr. Kumar Gaurav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with Patliputra P.S. Case No. 214 of 2024 instituted for the offence under Section 376 of the Indian Penal Code and Sections 4/6 of the POCSO Act.
3.
Prosecution case in short is that daughter of the informant aged about five years was sexually assaulted by the petitioner.
4.
It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.65703 of 2024(3) dt.19-11-2024 2/3 that the petitioner is in custody since 17-06-2024. Petitioner is a man of clean antecedent.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that statement of the victim is a tutored statement owing to the fact that a five year old child cannot give such detail description of the incident and use such kind of words. It is submitted that no medical examination was conducted. Learned counsel submits that informant has taken loan to the tune of Rs. 8 lakhs and under a conspiracy for nor returning money he has implicated the petitioner. 6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that informant in her re-statement has fully supported the case of the prosecution. Other witnesses have also supported the prosecution case. The statement of the victim girl recorded under Section 161 as well as Section 164 of the Cr.P.C. horrifically discloses the abominable act committed by the petitioner.
7.
Considering the aforesaid facts and circumstances of the case, nature and gravity of the offence and taking into account the age of the victim, this Court is not inclined to grant
Patna High Court CR. MISC. No.65703 of 2024(3) dt.19-11-2024 3/3 bail to the petitioner. Prayer is accordingly rejected. 8.
The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.
(Rudra Prakash Mishra, J) Raj Kishore/- U T