Patna High CourtCR. MISC./69148/2024bail rejected

Jinis Rai v. The State Of Bihar

2024-10-17Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69148 of 2024 Arising Out of PS. Case No.-59 Year-2024 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Jinis Rai S/O Late Ramashish Rai R/O Village- Dumri, P.S- Shyampur Bhatha , District - Sheohar.

... ... Petitioner/s

Versus

The State of Bihar 2.

Sanjha Devi W/O Arjun Thakur R/O Village- Dumri, P.S- Shyampur Bhatha, Distt.- Sheohar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-10-2024 Heard the parties.

2. The petitioner is in judicial custody in connection with Shyampur Bhatha P.S. Case No.59 of 2024 for the offences punishable under Sections 342, 376, 506 of the Indian Penal Code and Section 4/6 of the POCSO Act lodged on 10.06.2024 by the informant, Sanjha Devi.

3. As per the prosecution story, as the informant's daughter, aged 10 years was going to the school, this petitioner took her away and raped her. As she started shouting, the informant's son and co-villagers came, the petitioner tried to threaten them, accordingly, the FIR.

4. The 10 years old girl has made statement under

Patna High Court CR. MISC. No.69148 of 2024(2) dt.17-10-2024 2/2 section 164 CrPC and has supported the prosecution story.

5. Considering the seriousness of the case that a ten years old innocent girl has been raped, this Court does not deem it fit to enlarge the petitioner on bail. Accordingly, the same is rejected.

6. The trial court is requested to ensure that in such cases when a ten years old innocent girl has been raped, as alleged, it is taken up at an earliest and conclude the same in accordance with law.

7. The Superintendent of Police, Sheohar shall also ensure that not only the charge-sheet is/are submitted on time, if not submitted, he shall ensure that all the witnesses appear before the trial court when called upon so that the trial is taken to its logical conclusion.

8. Let a copy of this order be sent to the office of Superintendent of Police, Sheohar for his perusal and necessary orders.

(Rajiv Roy, J) perwez U T