In this criminal bail petition, the High Court of Patna heard the matter where the petitioner, accused of gang rape under Section 376 IPC and POCSO Act, was in custody. The court rejected the bail application and directed the trial court to expedite the trial within one year.
Bail rejected; trial to be concluded within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15664 of 2015
Arising Out of PS.Case No. -337 Year- 2014 Thana -DIGHA District- PATNA ====================================================== Nagina Chaudhary S/o Keshwar Chaudhary R/o Village- Digha Nahar Par, P.S -Digha District- Patna .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rakesh Kumar, Advocate For the Opposite Party: Mr. Satyaverat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 08-06-2015 The petitioner is languishing in custody since 28.12.2014 in connection with Digha P.S. Case no. 337 of 2014 for the offences instituted under Section 376 (2) (f) read with Section 34 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that on 20.12.2014 at about 5 A.M. accused including the petitioner forcibly took the daughter of the informant at brick kiln on the bank of river Ganga where they committed gang rape upon her. On the same day at about 3.00 P.M., the informant was informed by her neighbour about the said occurrence.
It has been submitted on behalf of the petitioner that
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the petitioner has been falsely implicated in the present case. Further it has been submitted that the petitioner has got no criminal antecedent and he is in custody since 28.12.2014.
It has been submitted on behalf of the State that a statement under Section 164 of the Code of Criminal Procedure has been recorded where she has supported the allegation of commission of rape against the petitioner.
Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The same is rejected. The learned trial court is directed to expedite the trial and conclude the same within a period of one year.
(Sudhir Singh, J)
B.T/U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused of gang rape.
Whether the trial should be expedited in a serious sexual offence case involving a child.
2 provisions across 2 enactments
Nagina Chaudhary
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
