Single judge of the High Court of Jharkhand rejected the bail application of the petitioner, an accused for rape under Section 376 IPC and POCSO Act, stating the adverse impact on the victim.
The prayer for bail of the petitioner in connection with Govindpur P.S. Case No. 12 of 2018 stands rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 4877 of 2018
Santosh Kumar Srivastava @ Santosh Kumar …. …. Petitioner(s). Versus State of Jharkhand …. …. Opp. Party(s)
CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
For the Petitioner(s) : Mr. Parth S.A. Swaroop Pati, Advocate For the State : A.P.P.
05/14.09.2018
Heard learned counsel for the parties. Learned A.P.P. opposes the prayer for bail.
The petitioner is an accused for allegedly committing an offence punishable under Sections 376 of the IPC and Sections 4/6 of the POCSO Act, 2012
There is direct allegation against this petitioner of committing rape upon the victim. Her statement was recorded under Section 164 Cr.P.C and she supported the aforesaid fact.
In view of the aforesaid fact of this case, I am not inclined to grant privilege of bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Govindpur P.S. Case No. 12 of 2018, corresponding to G.R. No. 348 of 2018, pending in the Court of learned Additional Sessions Judge-I-cum Special Judge (POCSO), Jamshedpur stands rejected.
(ANANDA SEN, J)
anjali/ C.P 3
2 issues framed by the court
Whether the petitioner is entitled to bail for allegedly committing rape and child sexual offences.
Whether the statutory safeguards under the POCSO Act preclude the grant of bail in a serious non-bailable offence.
3 provisions across 3 enactments
Santosh Kumar Srivastava @ Santosh Kumar
State of Jharkhand
ANANDA SEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
