The Patna High Court rejected the petitioner's bail application in a case involving robbery and sexual assault on multiple children. Considering the brutality of the alleged acts, the court declined to enlarge the petitioner.
The prayer for bail is rejected and the petitioner is denied bail.
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.27204 of 2016
Arising Out of PS.Case No. -221 Year- 2014 Thana -AURAI District- MUZAFFARPUR ====================================================== 1. Kundan Kumar Son of Sri Dilip Chaudhary resident of village- Dumary, P.S. -Ketra, District- Muzaffarpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 18-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Aurai P.S. Case No.221 of 2014, Tr. No.7 of 2015 instituted for the offences under Sections 395, 376(2)(G) of the Indian Penal Code read with Sections 4 and 6 of the POCSO Act.
This is one of the cases where brutality has been done in such a manner, the people entered into the house, not only committed robbery but also engaged themselves for perpetrating sexual assault in front of their parents one by one. The name of the petitioner has come during investigation on the confessional statement of co-accused.
Learned counsel for the petitioner submits that it is not
Patna High Court Cr.Misc. No.27204 of 2016 (2) dt.18-07-2016
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sufficient to keep the person behind the Bar as it has no legal sanctity. It will be seen only at the time of trial.
Looking to the nature of allegation, this Court is not inclined to enlarge the petitioner on bail. Accordingly the prayer for bail is rejected.
(Shivaji Pandey, J)
Vinay/U T
1 issue framed by the court
Whether bail ought to be granted in a case involving gross brutality and sexual assault under the POCSO Act.
Kundan Kumar
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
