Patna High CourtCR. MISC./1881/2024bail rejected

Birju Ravidas @ Birju Ram v. The State Of Bihar

2024-03-21Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1881 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- DEV District- Aurangabad ====================================================== BIRJU RAVIDAS @ BIRJU RAM S/O SATRUGHAN RAVIDAS R/O VILLAGE- PRIYATAM BIGHA, P.S- DEO, DISTT.- AURANGABAD, BIHAR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

RENU KUMARI D/O SIYARAM PASWAN R/O VILLAGE- PRIYATAM BIGHA, P.O- SILAD, P.S- DEO, DISTT.- AURANGABAD, BIHAR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K Agrawal, Sr. Advocate Mr. Yugal Kishore, Advocate Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2024

1. Heard learned Senior counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Deo P.S Case no.111 of 2023, [G.R. (POCSO) no.52 of 2023], registered under sections 376 and 328 of the Indian Penal Code and sections 4 and 6 of the POCSO Act.

3. As per the prosecution case, the informant states that she got into the tempo being driven by the petitioner. On eating some articles given by this petitioner, it is stated that she passed out and on regaining consciousness, she realized that she had been raped by this petitioner.

Patna High Court CR. MISC. No.1881 of 2024(3) dt.21-03-2024 2/3

4. Learned Senior counsel for the petitioner submits that the petitioner has been falsely implicated in the case. It was the petitioner and informant who were on friendly terms. Referring to the deposition of the informant in course of investigation, which has been brought on record as annexure to the instant petition, it is submitted that even today the victim is ready to marry and live with the petitioner. The matter can be settled amicably. The petitioner is in custody since 3.6.2023 and shall cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 2.2.2024 of the Additional Sessions Judge-VI-cum-Exclusive Special Judge, POCSO Act, Aurangabad, all prosecution witnesses except the Investigating Officer have been examined.

7. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR together with the trial having reached near its conclusion in the learned trial Court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. The Superintendent of Police, Aurangabad is

Patna High Court CR. MISC. No.1881 of 2024(3) dt.21-03-2024 3/3 directed to ensure the appearance of the Investigating Officer of the case in the trial Court for his examination at the earliest.

9. Learned trial Court is directed to expedite the trial and to conclude the same preferably within a period of three months from the date of examination of the Investigating Officer.

(Partha Sarthy, J) Shiv/- U T