Single judge order refusing bail to petitioner in rape case despite victim's compromise, directing trial court to conclude trial within one year based on specific victim allegation.
Bail rejected; trial to conclude within one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3138 of 2015
Arising Out of PS.Case No. -32 Year- 2014 Thana -MAHILA P.S. District- NAWADA ====================================================== 1. Suraj Dildar Son of Raju Chaudhary Resident of vill-Khoridibigha,P.STown Nawada,Distt.-Nawada .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 10-03-2015 Heard both sides. The petitioner seeks bail in a case under section 376-D and other sections of the I.P.C.
The victim made very specific allegation that the petitioner dragged her inside a bush and committed rape along with other accused persons.
Learned counsel for the petitioner submits that the doctor did not give definite opinion about the rape. The victim has compromised the case, and the family of the victim have also stated that the petitioner was not the person who committed rape with the victim.
Patna High Court Cr.Misc. No.3138 of 2015 (3) dt.10-03-2015
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On perusal of the records, it appears that the victim has made very specific allegation that the petitioner and other accused persons dragged the victim inside the bush and committed rape with her one by one.
Hence, I am not inclined to enlarge the petitioner on bail. Accordingly the same is rejected.
The trial court is directed to expedite and conclude the trial within one year.
(Prabhat Kumar Jha, J)
B.Roy/-
U
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving a specific rape allegation under Section 376-D IPC.
Whether the trial court should be directed to expedite and conclude the trial within one year.
Suraj Dildar
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
