Research › Search › Judgment

Patna High Court · body

2022 DIGILAW 90 (PAT)

Dheeraj Mahto v. State of Bihar

2022-02-10

SATYAVRAT VERMA

body2022
ORDER Heard learned counsel for the petitioner and Shri Chandra Bhushan Prasad, learned A.P.P. for the State through virtual court proceedings. 2. In compliance of the order dated 08.02.2022, Shri Bimlesh Kumar Pandey, learned counsel for the petitioner and Shri Chandra Bhushan Prasad, learned A.P.P. for the State were physically present in the residential chamber on 09.02.2022 at 5:00 pm. 3. In presence of the learned counsel for the petitioner and learned A.P.P. for the State, the video footage in pen drive sent along with the counter affidavit was viewed and from the video footage, it can be culled out that the victim and one boy (not the petitioner) were seen in a semi-nude condition and further it appeared from the video footage that the victim and boy were known to each other and were caught by the villagers as they were indulging in an inappropriate act. Further, the video footage did not even remotely suggested or reflected that the victim was ravaged/raped by five men including the petitioner, rather the victim appeared very normal. From the video footage what could be gathered was that the victim along with the boy seen in the video were caught by the villagers and they were reprimanding them for bringing disrepute to the village. 4. The pen drive was made available to the prosecution and is part of the F.I.R. also and thus is part of the investigation, since the pen drive formed part of the investigation then definitely the same would have been viewed by the Investigating Officer and the Superintendent of Police, West Champaran for arriving at a conclusion that as to whether the occurrence as alleged in the F.I.R. had taken place or not. After seeing the video footage it prima facie appears to the Court that the victim was not raped subject to what the Superintendent of Police and the Investigating Officer have to submit. 5. Learned counsel for the petitioner submits that perhaps the police has completely forgotten how to investigate the case rather they are not even bothered to make endeavors to arrive at the truth. 5. Learned counsel for the petitioner submits that perhaps the police has completely forgotten how to investigate the case rather they are not even bothered to make endeavors to arrive at the truth. It is further submitted that allegation is of rape committed by five young adults and one can well imagine the condition of the victim if she is raped by five persons but from the video footage it is clear that the victim was appearing very normal and despite villagers abusing and rebuking the victim and the boy in the video, still she appeared unfazed. It is further submitted that even the medical report, which is Annexure-2 to the bail petition, completely negates the prosecution story. Learned counsel further submits that the F.I.R. is dated 12.06.2021 with an allegation of rape being committed on the victim by five young males and she was medically examined on 13.06.2021 by five doctors who gave their report on 14.06.2021 completely negating the allegation of rape and they assessed the victim in between eighteen to twenty years. Learned counsel submits that the police perhaps did not even bother to see the injury/medical report of the victim or even if they saw, they did not even bother to consult the doctors who examined the victim in order to ascertain the truth. Learned counsel submits that had the video footage not been there, then perhaps the petitioner would have been in deep trouble. 6. Shri Chandra Bhushan Prasad, learned A.P.P. for the State submits that the counter affidavit has been filed in which at paragraph ‘5’ it has been mentioned that S.H.O. of Sirsia O.P. has mentioned in it’s report that the viral video of the victim girl has gone viral and the informant has handed over the viral video to the Investigating Officer and he has kept the copy of the viral video in a pen drive and the same is kept in a sealed envelope but the learned A.P.P. also after viewing the video footage submitted that from perusal of the same, the allegations as alleged in the F.I.R. needed to be properly investigated. 7. Let the Superintendent of Police, West Champaran, Bettiah along with the Investigating Officer of the case be virtually present in the case on 14.02.2022 along with the case records. 7. Let the Superintendent of Police, West Champaran, Bettiah along with the Investigating Officer of the case be virtually present in the case on 14.02.2022 along with the case records. Further, both the Superintendent of Police and the Investigating Officer of the case before being virtually present will view the pen drive for themselves so that they are able to answer the queries raised by the learned counsel for the petitioner. 8. Considering the facts in its entirety and taking into consideration the submissions of the learned counsel for the petitioner, the petitioner above named is directed to be released on provisional bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VI-cum-Special Judge, Bettiah, West Champaran in connection with Chanpatia (Sirisiya O.P.) P.S. Case No. 309 of 2021. Put up this case on 14.02.2022. 9. At this stage, learned counsel for the petitioner submits that perhaps the Superintendent of Police, West Champaran and the Investigating Officer do not realise the gravity of the offence and the consequences which entails that a person who had no criminal antecedent all of a sudden gets implicated in a case of rape based on faulty investigation and for generations to come, the said allegation never gets wiped out even in the event of acquittal. 10. Shri Chandra Bhushan Prasad, learned A.P.P. for the State will communicate the order on WhatsApp of the Superintendent of Police, West Champaran at Bettiah.