Satyendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71858 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== SATYENDRA PANDEY SON OF LATE KAILASH PANDEY R/O VILLAGE- DHAMAUL, P.S.- RAJAULI, DISTRICT- NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Kumar Singh For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner in a case instituted for the offence punishable under Sections 376AB of the Indian Penal Code and Section 4/6 of the POCSO Act.

3. It is a case of committing rape by the petitioner with the informant's minor daughter, aged about 9 years.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case on account of dispute between the parties relating to flow of drain. The petitioner is next door neighbour and 65 years old. The medical report does not support the prosecution case. The

Patna High Court CR. MISC. No.71858 of 2023(3) dt.31-01-2024 2/2 petitioner has got no criminal antecedent and languishing in judicial custody since 25.06.2023.

5. Learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner is named in the FIR and there is specific allegation of rape with the minor daughter of informant against him. The statement of the victim girl was got recorded under Section 164 Cr.P.C., wherein she has supported the prosecution case and she has specifically stated that the petitioner committed wrong with her. It is further submitted that during course of investigation, witnesses have also supported the prosecution case.

6. Having heard learned counsel for the parties and taking into consideration that there is direct allegation of committing rape against the petitioner upon the minor daughter of the informant which is a case of heinous nature, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

7. The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) lata/- U T