Regular bail application under Sections 376 IPC and 4 POCSO arising from Chandan P.S. Case No. 195 of 2023. Court noted medical report showed no external injury or opinion of sexual assault, and granted bail on bond of Rs. 20,000 with two sureties, with attendance conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16137 of 2024
Arising Out of PS. Case No.-195 Year-2023 Thana- CHANDAN District- Banka
======================================================
Rohit Yadav S/o- Kartik Yadav @ Kartik Rout Village- Govindpur PsChandan Dist- Banka
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar, Adv. For the Opposite Party/s : Mr.Navin Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 15-05-2024
Heard learned counsel for the petitioner and learned
A.P.P for the State.
2 . The petitioner has preferred this application for grant of regular bail in connection with Chandan P.S. Case No. 195 of 2023 dated 07.12.2023 registered for the offences punishable u/s 376 of the Indian Penal Code and subsequently section 4 of the POCSO Act was added.
3 . As per the prosecution case, when the informant along with her cousin was going to Chandan Bazar, the petitioner came and took away the informant into the bush and committed rape and threated to kill her and thereafter the petitioner fled away.
4 . Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.16137 of 2024(3) dt.15-05-2024 2/3
that the petitioner is innocent and has falsely been implicated in this case. As per FIR, the age of the victim is about 19 years. The said occurrence took place on 07.12.2023 and on the very same day the victim was medically examined and doctor has found no any external injury on the body of the victim. As per the medical report, there is no opinion with regard to the sexual assault against the petitioner in the medical examination. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she sustained injury on her hand but the medical report does not support the said act which creates doubt upon the prosecution case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.12.2023.
5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Chandan P.S. Case No. 195 of 2023, with a condition/s:-
Patna High Court CR. MISC. No.16137 of 2024(3) dt.15-05-2024 3/3
( i ). The petitioner is directed to remain physically
present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable
cause, the bail bond of the petitioner is liable to cancelled.
7 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a rape/POCSO case given medical findings and period of custody.
3 provisions across 3 enactments
Rohit Yadav
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
