Gorelal Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65894 of 2019 Arising Out of PS. Case No.-182 Year-2019 Thana- HISUWA District- Nawada ====================================================== GORELAL RAJBANSHI, aged about 35 years, Male, Son of Lakhan Rajbanshi @ Lakhan Raj, Resident of Village-Modi Bigha (Dhuriha), P.SHisua, District-Nawada ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Birendra Kumar, Adv.

For the Opposite Party :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Hisua P.S. Case No. 182 of 2019, pending in the Court of the Additional Sessions Judge I-cum-Special Judge, Nawadah, registered under Sections 302 and 376D-B/34 of the Indian Penal Code and 5(9) and 6 of the Protection of Children from Sexual Offences Act, 2012.

The accusation is that at about 06.30 p.m. on 18.05.2019, grand-daughter of the informant, aged about 8 years, was sleeping on cot in the courtyard, at that time, petitioner, Gorelal Rajbanshi, and Sonu Rajbanshi reached there, then, daughter of the informant made query from them, both moved from there. When her daughter woke-up in the morning, she did not find her daughter and started search. In course of

Patna High Court CR. MISC. No.65894 of 2019(3) dt.24-02-2020 2/2 search, on 19.05.2019 wife of Ashok Yadav disclosed about lying of dead body of a girl aged about 8-9 years at badhhar, then, informant and her daughter went there and saw the dead body of her grand-daughter sustaining injury. Submission is that mere on suspicion, petitioner and co-accused, Sonu Rajbanshi have falsely been implicated in this case. In medical examination of the petitioner, nothing adverse was found. The petitioner is in custody since 21.05.2019. Having regard to the facts and circumstances of the case, I am inclined to grant bail to the petitioner. The prayer for bail is rejected for the present.

(Rajendra Kumar Mishra, J) Shamshad/- U T