Rajesh Mandal @ Raju Munshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81453 of 2024 Arising Out of PS. Case No.-296 Year-2022 Thana- PIPRA District- Supaul ====================================================== Rajesh Mandal @ Raju Munshi S/o- Late Lakshman Mandal Village- Kaushal Patti W.No-8, Ps- Pipra Dist- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ruby Devi W/o- Brahmdeo Paswan Village- Dinapatti W.No-19, Ps- Pipra Dist- Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mrs. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Pipra P.S. Case No. 296 of 2022, instituted for the offences punishable under Sections 376, 354(c) of the Indian Penal Code, Section 4/12 of POCSO Act and Sections 3(1)(r)(s)/3(2)(va) of SC/ST (POA) Act.

3. The prosecution case, in short, is that, co-accused Rashid showed a video in which it was showed that the petitioner committed rape upon the informant's niece who is deaf and dumb.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.81453 of 2024(3) dt.30-01-2025 2/2 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that there is no eye witness of the occurrence. The informant has not levelled any specific allegation against the petitioner in FIR. The petitioner is in custody since 03.10.2022 and has got no criminal antecedent.. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 22.05.2023 passed in Cr. Misc. No. 24700 of 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that there is specific allegation against the petitioner is of committing rape upon a deaf and dumb victim and also made a video of the same. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial expeditiously.

(Rudra Prakash Mishra, J) Rajorshi/- U T