IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION)

CRIMINAL APPEAL (SJ) No.274 of 2021

Arising Out of PS. Case No.-3 Year-2019 Thana- MAHILA PS District- Jehanabad

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MINTU KUMAR Son of Ramsvrup Yadav @ Ram Swarup Yadav Resident

of Village - Chilori, P.S.- Makhdumpur, District - Jehanabad

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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Appearance :

For the Appellant/s

:

Mr.Bindhayachal Singh, Adv.

For the Respondent/s

:

Mr.Sadanand Paswan, Spl.P.P.

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

6

05-07-2021

Learned counsel for the appellant undertakes to

remove all the defects as pointed out by office within four

weeks after start of normal functioning of the Court.

Heard learned counsel for the appellant and learned

Spl. P.P. for the State.

The appellant in the present case is seeking to set

aside the order dated 03.10.2020 passed by learned Additional

Sessions Judge-IV, Jehanabad in connection with Special

POCSO Case No.77/2019 (arising out of Jehanabad Mahila P.S.

Case No.03/2019) registered for the offences punishable under

Sections 341, 342, 323, 376(D) of the Indian Penal Code and

Section 3(1)(r)(w)(s), 3(2)(va) of the SC/ST (POA) Act,

whereby and whereunder the prayer for regular bail of the

Patna High Court CR. APP (SJ) No.274 of 2021(6) dt.05-07-2021

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appellant has been rejected.

Learned counsel for the appellant submits that as per

the prosecution story when the victim girl aged about 13 years

had gone to meet call of nature towards western side of her

house with one minor girl aged about 8 years, all the accused

persons including the appellant caught hold of her, closed her

mouth and took her away after lifting her on a motorcycle at

abandoned place. It is alleged that all of them have committed

rape on her and thereafter they left her near tubewell at 2.00 pm

with a threat not to lodge a case otherwise she would be killed.

Learned counsel submits that the present FIR is

lodged on mere hearsay. The victim girl was examined in the

Sadar hospital where no sign of recent sexual assault was found

on her. It is further stated that her statement under Section 164

Cr.P.C. was recorded and the undergarment of victim girl was

seized by police which was sent to the F.S.L., Patna for

examination. The FSL report shows presence of semen on the

undergarment, however learned counsel submits that the same

has not been matched with the DNA of the accused persons.

This appellant is said to be in custody in connection with this

case since 22.11.2019.

On the other hand, learned Spl. P.P. for the State has

Patna High Court CR. APP (SJ) No.274 of 2021(6) dt.05-07-2021

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opposed the prayer for bail of the appellant. It is submitted that

it is a case of gang rape of the victim who is admittedly a minor

girl. In paragraph ‘6’ of the case diary she has supported her

allegations and further the minor girl who was with victim girl

has also supported the prosecution case.

Having regard to the facts and circumstances of the

case, the seriousness of the offence alleged and the materials

which have been placed before this Court, this Court is not

inclined to release the appellant on bail. The appeal is, thus,

dismissed.

Let the trial be expedited. All endeavours should be

made to conclude the trial within one year after start of normal

functioning of the court. If the trial remains unconcluded for no

reason attributable to the appellant, he may renew his prayer for

bail.

arvind/-

(Rajeev Ranjan Prasad, J)

U

T

Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements,

during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court

website under the heading