Allowed

Rohit Gondh v. the State of Bihar

Patna HC4 Nov 2019CR. APP (SJ)/3726/2019

Case brief

AI extract

What is this about?

Appellants filed an appeal against bail refusal in an alleged rape case under SC/ST and POCSO Acts. The High Court noted lack of conspicuous injuries and intact hymen. It acquitted the case of rape possibilities (in context of bail), set aside the order, and directed bail on furnishing bond and sureties.

What did the court decide?

Directing the appellants to be enlarged on bail by furnishing a bail bond of Rs. 10,000 each with two sureties of the like amount to the learned Special Judge.

Rohit Gondh Vs the State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3726 of 2019

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Arising Out of PS. Case No.-78 Year-2019 Thana- DHANAHA District- West Champaran

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======================================================

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ROHIT GONDH Son of Late Rajeshwar Gondh Resident of VillageGhewarahi, P.S.- Dhanaha District- West Champaran.

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Kunjesh Kushawaha Son of Sri Ram Kushawaha @ Ram Shri Kushawaha Resident of Village- Ghewarahi, P.S.- Dhanaha District- West Champaran.

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Nitesh Gondh Son of Hardeo Gondh Resident of Village- Ghewarahi, P.S.Dhanaha District- West Champaran.

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... ... Appellant/s

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Versus THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Sameer Ranjan For the Respondent/s : Mr.Sadanand Paswan ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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3 04-11-2019

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Heard learned counsel for the appellants and learned Spl. PP for the State.

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This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 02.07.2019 passed by learned 1^st Addl. District and Sessions Judge cum Special Judge, SC/ST POCSO Act, Bettiah, West Champaran in Dhanha P.S. Case No. 78 of 2019 registered under Sections 341, 323, 376 and 511/34 of the Indian Penal Code, Section 4 of the POCSO Act and Section 3(II)(V)(a) of the SC/ST Act.

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Appellants are said to have committed rape

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Patna High Court CR. APP (SJ) No.3726 of 2019(3) dt.04-11-2019 2/3

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against the minor daughter of the informant while she had stepped out of her house for defecation and dumped her in the straw house.

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It is submitted by learned counsel for the appellants that no such occurrence as alleged ever took place. As a matter of fact, niece of the appellant nos. 1 and 3 has lodged Dhanha P.S. Case No. 81 of 2009 on the basis of the fardbeyan recorded on 11.05.2019 and in order to save skin from the said case informant has lodged this false and frivolous case against the appellants. Appellants are said to have committed rape against the minor daughter of the informant but the victim was examined by the doctor on the following day of the occurrence and doctor has not found any sign of rape against her or any injury on her private part barring swelling under right eye and her hymen was also found intact which completely rules out the prosecution case. As had rape been committed by the appellants against the minor girl and victim was examined on the very following day, injuries must have been found on her private part. Moreover after investigation of the case police has submitted chargesheet not under Section 376 IPC rather under Section 376/511 and other allied sections of the IPC. Appellants have no criminal antecedent and have been languishing in

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Patna High Court CR. APP (SJ) No.3726 of 2019(3) dt.04-11-2019 3/3

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custody since 21.05.2019.

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Learned Spl. PP for the State opposed the prayer

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for bail.

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In the facts and circumstances of the case, the above named appellants are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1^st Addl. District and Sessions Judge cum Special Judge, SC/ST POCSO Act, Bettiah, West Champaran in connection with Dhanha P.S. Case No. 78 of 2019

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Accordingly, the impugned order is set aside and appeal is allowed.

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(Prakash Chandra Jaiswal, J)

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mantreshwar/-

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U T

Rohit Gondh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rohit Gondh v. the State of Bihar

Case brief

What is this about?

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