In an oral order regarding a bail application for gang rape of a minor, the High Court of Patna, observing the petitioner's non-appearance, rejected the prayer for bail based on the severity of the offences and the facts of the case.
The bail prayer in connection with Special (POCSO) Case No. 150 of 2015 was rejected.
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.25224 of 2016
Arising Out of PS.Case No. -69 Year- 2015 Thana -MEHDIGANJ District- PATNA ====================================================== 1. Prakash Mani, Son of Rohit Sah. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Pronati Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 22-06-2016 No one appears on behalf of the petitioner on repeated call. Learned Additional Public Prosecutor for the State is present.
Petitioner seeks bail in a case registered for the offences punishable under Sections 376(2)(G), 354, 34 of the Indian Penal Code and Sections 4/5/6 of POCSO Act.
The first information report goes to show that petitioner and one F.I.R. named accused, Chhotu Gope committed gang rape on a minor girl.
Regard being had to the facts and circumstances of the case as well as taking note of submission of learned Additional Public Prosecutor, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Special
Patna High Court Cr.Misc. No.25224 of 2016 (3) dt.22-06-2016
2/2
(POCSO) Case No. 150 of 2015 arising out of Mehandiganj P.S. Case No. 69 of 2015 pending in the court of 1st Additional Sessions Judge, Patna stands rejected.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving gang rape of a minor.
Whether the stated facts and circumstances justify granting bail under the POCSO and IPC provisions.
2 provisions across 2 enactments
Prakash Mani
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
