Raj Kumar Sah v. The State Of Bihar
Case brief
What is this about?
High Court rejected bail application of accused in POCSO and rape case citing nature of allegations. Court directed trial court to conclude trial within nine months ensuring witness attendance.
What did the court decide?
Bail application dismissed; trial to conclude within nine months; witness attendance ensured.
What the court decided
A compact analysis
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.44572 of 2015
Arising Out of PS.Case No. -138 Year- 2014 Thana -JANKINAGAR District- PURNIA ====================================================== 1. Raj Kumar Sah Son of Mahendra Sah Rasident of Village- Sahuriya, Bazar Tola, P.S.-Janki Nagar, Dist.-Purnea .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Shailendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 3 16-12-2015 Heard both sides. The petitioner seeks bail in a case registered for the offences punishable under section 376 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. Petitioner is alleged to have committed rape with the minor victim girl.
It is submitted that the Doctor did not find any sign of rape. A report was called for which has been received in which the learned trial court has stated that the trial of the petitioner is likely to be concluded within ten months.
Considering the nature of allegation made against the petitioner I am not inclined grant bail to the petitioner in connection with Special Case No. 40 of 2014 arising out of
Patna High Court Cr.Misc. No.44572 of 2015 (3) dt.16-12-2015
2
Jankinagar P.S. Case No. 138 of 2014 pending in the court of the learned Additional Sessions Judge-cum-Special Judge, Purnea. This application for bail is accordingly rejected.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the accused charged with rape under Section 376 IPC and POCSO Act.
Whether the trial court should be directed to expedite the trial of the rape case.
Parties & counsel
- petitioner
Raj Kumar Sah
- respondent
The State of Bihar
Coram
Prabhat Kumar Jha
Case details
As recorded by the court registry
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