Dismissed

Dilvar Mia Alias Dilawar Miya v. the State of Jharkhand

Jharkhand HC3 Aug 2022B.A./5106/2022

Case brief

AI extract

What is this about?

The High Court of Jharkhand rejected the petitioner's bail application in a serious offence involving the abduction and sexual exploitation of a minor under the POCSO Act, citing sufficient evidence and advanced stage of trial, while directing the lower court to conclude the trial within four months.

What did the court decide?

Petitioner denied bail; trial directed to conclude within four months.

Dilvar Mia Alias Dilawar Miya Vs the State… — Child Sexual Offences (POCSO) | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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B.A. No. 5106 of 2022

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Dilvar Miyan @ Dilawar Mia …… Petitioner

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Versus

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The State of Jharkhand ……Opposite party

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CORAM: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Gautam Kumar, Advocate For the State : Mr. Praveen Kr. Appu, A.P.P.

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Order No.07/ Dated:03.08.2022

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Heard learned counsel for the parties.

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The petitioner has been made an accused in connection with Tinpahar P.S. Case No. 56 of 2021 and POCSO Case No. 66 of 2021, registered for the offence under Section 366(A), 323, 342 of the Indian Penal Code, pending in the court of learned Additional Special Judge-cum-Additional District Judge-II, Rajmahal.

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As per F.I.R. allegation is that on 26.02.2021 informant’s daughter (the victim girl), aged about 16 years went from the house without any information. Upon her search no clue was found. It is alleged that on 14.07.2021 informant received phone call on her mobile which was of her daughter and came to know that present petitioner has enticed and taken away the victim girl to Pune and has confined her in a room. She also disclosed the mobile phone no. of the present petitioner and weepingly asking for help from the clutches of the present petitioner.

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Learned counsel for the petitioner has submitted that petitioner is innocent and has committed no offence at all as alleged in the F.I.R. The petitioner is languishing in Judicial custody since 17.08.2021. It is further

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submitted that trial has commenced and victim girl has flately denied about sexual assault with the present petitioner and no external or internal injury to the victim was found. Petitioner undertakes to co-operate in the trial of the case and shall not indulge in tampering with the prosecution evidence, if admitted on bail. Petitioner is also ready to abide by all the terms and conditions which may be imposed in the matter of granting bail to the petitioner, hence, the petitioner may be enlarged on bail.

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Learned A.P.P appearing on behalf of State has opposed the prayer for bail of the petitioner and submitted that he has kidnapped 16 years girl and sexually exploited her, keeping her at Bombay and other places. She was found four months pregnant and there are sufficient positive materials against the petitioner showing involvement in the serious and heinous offence which is severely punishable. It is further submitted that apart from statement of victim there are sufficient direct and circumstantial evidence which is available on record and yet to be produced by the prosecution during the trial, hence he does not deserve bail, which is fit to be rejected.

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Considering the rival submissions of the learned counsel and on perusal of the record and also in view of sufficient positive materials available against the petitioner showing his involvement in very serious and heinous offence which is severely punishable and also in view of the smooth trial of the case which is at advance stage, I am not inclined to admit the petitioner on bail, which stands rejected. Learned court below is directed to conclude the trial within four months from the date of this order otherwise, petitioner shall be at liberty to renew the prayer for bail.

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(Pradeep Kumar Srivastava, J.)

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R.K.

Dilvar Mia Alias Dilawar Miya v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Dilvar Mia Alias Dilawar Miya v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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