Arun Kumar Singh v. The State Of Bihar
Case brief
What is this about?
COURT OF JUDICATURE AT PATNA Criminal…
What did the court decide?
Bail prayer rejected; trial court directed to expedite proceedings.
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.33884 of 2016
Arising Out of PS.Case No. -271 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== 1. Arun Kumar Singh Son of Ram Asre Singh Resident of Village- Khaira, Police Station- Sasaram (Darigaon) District Rohtas. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 19-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-363, 365, 366(A)/376 of the Indian Penal Code and 3/4 of Posco Act.
Taking into consideration that the victim, specifically, stated in her statement, recorded u/S 164 of the Cr.P.C. that it was the petitioner, who took her and committed rape upon her, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Sasaram (Darigaon) P.S. Case No. 271 of 2015 pending in the court of learned Chief Judicial Magistrate, Rohtas, Sasaram stands rejected.
Patna High Court Cr.Misc. No.33884 of 2016 (2) dt.19-08-2016
2/2
However, learned trial court should expedite the
trial of the petitioner and try to conclude the same as early as possible.
(Hemant Kumar Srivastava, J)
A.K.V./-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case involving rape under the POCSO Act and IPC.
2 provisions across 2 enactments
Arun Kumar Singh
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
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