Baliram Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30303 of 2017 Arising Out of PS.Case No. -114 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. Baliram Thakur, son of Late Brij Nandan Thakur, resident of Village/Mohalla- Panapur Langa, P.S.- Hajipur Sadar, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Chandra For the Informant :
Mr. Rajesh Kumar For the Opposite Party/s : Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 Heard the parties.
This application is for grant of regular bail in connection with Hajipur Sadar P.S.Case No.114 of 2017 for the offences punishable under Section 376 of the Indian Penal Code and Sections 4, 6, 8 and 10 of POCSO Act.
Allegation against the petitioner is of committing rape upon a minor girl, who has been kept under his guardianship in absence of her parents.
Submission of the learned counsel for the petitioner is that firstly the petitioner is an old man aged about 79 years and secondly the prosecution case has not been corroborated by the medical evidence, which is Annexure-2 and no injury has been
Patna High Court Cr.Misc. No.30303 of 2017 (3) dt.26-07-2017 2/2 found on her person as well as there is no sign of rape also and the petitioner is in custody since 2.4.2017.
Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail stating that nothing is available on record to show that the petitioner has been falsely implicated in this case rather the girl was kept under the guardianship of the petitioner in absence of her parents. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of six months.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T