Petitioner applied for bail in a rape and POCSO case alleging false implication and mental retardation. Court rejected bail due to heinous nature of allegations and upheld medical evidence supporting the case, directing streamlined trial under Cr.P.C. Section 309.
Bail prayer stands rejected; trial court directed to conclude trial under Section 309 Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49168 of 2015
Arising Out of PS.Case No. -106 Year- 2014 Thana -GOPALPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Timal Das son of Gena Das @ Badhu Das, resident of Village- Bada Gopalpur, P.S. Gopalpur, District- West Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 01-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offence punishable under section 376 of the I.P.C and section 4/6 of protection of Children from Sexual Offences Act, 2012.
Allegedly, the petitioner committed rape with Sabitri Kumari aged eight years, the grand daughter of the informant.
Submission is of false implication and that the doctor has not found any sign of rape and hymen of the victim was found intact, there was no external injury, no independent witness has been examined in this case and the petitioner is suffering in custody since 18.12.2014, the petitioner is mentally retarded person and as such he deserves sympathetic consideration.
Patna High Court Cr.Misc. No.49168 of 2015 (3) dt.01-02-2016
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The learned A.P.P. opposes prayer for bail by submitting that lacerated wound about ½” long muscle deep on right vaginal wall was found intact by the doctor and the victim has also supported the allegation in her statement recorded under section 164 Cr.P.C.
In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, heinous in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Gopalpur P.S. Case No. 106 of 2014 pending in the court of 1st Additional District & Sessions Judge- Cum- Special Judge, West Champaran at Bettiah.
However, the trial court is directed to conclude the
trial as per amended proviso of section 309 Cr.P.C.
(Jitendra Mohan Sharma, J)
Abhay/-
3 issues framed by the court
Whether the petitioner is entitled to bail in a案件 involving rape and POCSO offences given the medical evidence and mental retardation.
Implication of Section 309 Cr.P.C. for the trial proceedings.
Grant or rejection of bail in child sexual assault cases.
1 provisions across 1 enactments
Timal Das
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
