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Patna High CourtCR. APP (SJ)/3999/2019dismissed

Ravindra Singh v. The State Of Bihar

2020-03-18Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3999 of 2019 Arising Out of PS. Case No.-217 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

RAVINDRA SINGH Son of Lalji Singh Resident of Village - Mohni, P.S.- Bikramganj, District- Rohtas 2.

Rukashad Son of Dilshad Resident of Village - Shivrawane, P.S.- Kunda Pande, District- Muradabad (U.P.) ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellants :

Mr. Vikramdeo Singh, Adv.

For the Respondent/s :

Mr.Binay Krishna, Special P.P.

For the Informant : Mr. Bhola Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-03-2020 By way of this memo of appeal, preferred under Section 14(A)(2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities ) Act, appellants seek for setting aside the order dated 07.08.2019, passed in Bikramganj P.S. Case No. 217 of 2019 registered for the offences punishable under Sections 376, 302/34 of the Indian Penal Code and Section 4/6 of the POCSO Act and Section 3(2)(i), 3(i)(w)(1)(ii) of SC/ST (Prevention of Atrocities) Act, by the learned 1st Additional District & Sessions Judge, Rohtas, Sasaram, whereby and whereunder, appellants' application for grant of bail has been rejected.

Allegation as per F.I.R. is that five years old daughter of

Patna High Court CR. APP (SJ) No.3999 of 2019(4) dt.18-03-2020 2/3 the informant was found missing and informant came to know that she was playing with the appellants, later on the dead body of the daughter of the informant was recovered in naked condition and the blood was coming out from her private part. It has been submitted on behalf of the appellants that save and except suspicion, there is absolutely nothing against the appellants and they have falsely been implicated in this case as the informant has filed a title suit against the wife of one of the appellants and they have been in custody for nine months.

Learned Special P.P. and informant opposed the prayer for bail and submitted that the witnesses have also stated that the daughter of the informant was playing with the appellants and one more person and as such there is strong suspicion against the appellants.

Having heard both sides, considering the facts and circumstances of the case as well as the nature of allegation, I am not inclined to enlarge the appellants on bail. However, learned Special Judge, POCSO, Act is directed to expedite the trial and conclude the same within a period of six months.

Needless to say, the informant and the appellants shall

Patna High Court CR. APP (SJ) No.3999 of 2019(4) dt.18-03-2020 3/3 cooperate in expeditious disposal of trial.

With the aforesaid observation and direction, this application is dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T