Advocates:
['Madan Mohan', '', 'Pallavi Pandey', 'Syed Ehteshamuddin', '', 'Rahul Raj', 'Samir Kumar']

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3577 of 2022

Arising Out of PS. Case No.-75 Year-2021 Thana- MAHILA P.S BAGHA District- West

Champaran

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

Ravi Prakash, Son of Rudal Sharma Resident of Village – Mehura, Ward M 3,

P.S.- Bagaha and Distt.- West Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Mrs. Sharda Devi, W/o Vinod Sharma, Village – Mehura, P.S.-Bagaha,

District – West Champaran.

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr.Madan Mohan, Advocate.

For the Informant

:

Mr. Rahul Raj, Advocate.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP.

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

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

4

29-08-2022

Heard Mr. Madan Mohan, learned counsel appearing

on behalf of the petitioner, Mr. Rahul Raj, learned counsel for

the informant and Mr. Syed Ehteshamuddin, learned A.P.P. for

the State.

Let the defect(s), if any, be removed within two

weeks of the complete start of the physical Court in normal

course.

Let the supplementary affidavit filed on behalf of the

petitioner be kept on the record.

The petitioner seeks regular bail in connection with

Bagaha Mahila P.S. Case No. 75 of 2021 for the offence

punishable under Sections 341, 323, 342 and 376(AB) of the

Indian Penal Code and Section 4 of the Protection of Children

from Sexual Offenses Act, 2012 (hereinafter referred to as “The

Patna High Court CR. MISC. No.3577 of 2022(4) dt.29-08-2022

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Act”).

Prosecution story, in brief, is that a written

complained was filed by the informant, who is the mother of the

victim, that her seven years old girl child was forcibly taken by

the accused and he tried to disrobe her. The victim started crying

and on hearing, her elder sister came and seeing her, the accused

fled away from the place of occurrence.

Mr. Madan Mohan, learned counsel appearing on

behalf of the petitioner submitted that the entire prosecution

story is concocted and on the basis of incorrect and frivolous

statement, the petitioner has been dragged in the present case

which is not sustainable. If the statement of the victim recorded

under Section 164 Cr.P.C. is taken into account, no case is made

out under Section 4 of the Act. As per the F.I.R. and the

statement made by the victim under Section 164 Cr.P.C., the

allegations are such, at best, the accused can be implicated

under Section 11 of the Act. He further submitted that in course

of trial, almost all the witnesses including the informant have

become hostile. Petitioner has clean antecedent and is in custody

since 23.10.2021. On these grounds, he seeks to be released on

bail.

Mr. Rahul Raj, learned counsel appearing on behalf of

Patna High Court CR. MISC. No.3577 of 2022(4) dt.29-08-2022

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the informant submitted that even though there is no ingredients

of Section 4 of the Act, but from perusal of the statement of the

victim under Section 164 Cr.P.C., it appears that the statement is

enough to implicate the petitioner for the alleged offence

committed against a child aged about 7 years and as such, the

petitioner don’t deserve to be released on bail.

Learned A.P.P. for the State has vehemently opposed

the prayer for grant of bail to the petitioner.

Having heard the rival submissions of the parties and

taking into consideration the fact that almost all the witnesses

including the informant have turned hostile, the Court below is

directed to conclude the trial expeditiously in terms of the

provisions of the Act well within a reasonable period of time as

per the provisions of the Act.

If the trial is not concluded as per the provisions of

the Act within time, the petitioner will be at liberty to renew his

prayer for bail.

Present bail application is disposed off with above

observation.

mantreshwar/-