Petitioner challenged bail in a rape case. Court declined bail due to strong prosecution corroboration. Trial was directed to be completed within nine months.
Bail denied; trial directed to be completed within nine months.
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Patna High Court Cr.Misc. No.23278 of 2012 (3) dt.11-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23278 of 2012
====================================================== Zakir Khan @ Jakir Khan, S/o Tufani Khan, R/o Village- Pipra, P.S. Ramnagar, District- West Champaran.
.... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 11-09-2012 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been arrested in connection with Ramnagar P.S. Case No. 343 of 2011, registered under Section 376 of the Indian Penal Code and Sections 3(i)(xii) of the S.C. and S.T. Act.
There is allegation of rape on the victim by the petitioner. However, the victim has supported the prosecution of rape by the petitioner which was also corroborated by Manju Devi and Rukmina Devi about the fact of rape by the petitioner.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case as the petitioner has enmity with husband of Rukmina Devi, one of the witness. However, the victim and witnesses have supported the prosecution case. It has further been contended that medical report does not corroborate rape on the person of the victim.
Having regard to the facts that victim has supported the
Patna High Court Cr.Misc. No.23278 of 2012 (3) dt.11-09-2012
prosecution case and to ask for corroboration is adding inquest to injury and it is quite unnatural that for enmity between husband of the witness and the petitioner, the informant will jeopardise reputation his family including the victim. Hence I am not inclined to grant bail to this petitioner at this stage. However, the trial court is directed to expedite the trial preferably within a period of nine months.
m.p.
(Gopal Prasad, J)
2 issues framed by the court
Whether bail should be granted to the petitioner at this stage.
Whether the trial should be expedited in a rape case.
2 provisions across 2 enactments
Zakir Khan @ Jakir Khan
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
