The Patna High Court dismissed a criminal appeal seeking regular bail. The court declined to grant bail despite a co-accused being released, citing the severity of rape and murder allegations. It directed the trial court to conclude the trial within one year.
Bail prayer dismissed; trial directed to be concluded within one year.
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Patna High Court CR. APP (SJ) No.1782 of 2017 (3) dt.19-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.1782 of 2017
Arising Out of PS.Case No. -39 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR)
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.... .... Appellant/s Versus 1. The State of Bihar. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Jharkhandi Upadhyay For the Respondent/s : Smt Usha Kumari No-1
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 19-08-2017 The appellant seeks regular bail in connection with Desari (Sahdei O.P.) P.S. Case No. 39 of 2017, registered for offences punishable under Sections 120B, 376(2)(G) and 302 of Indian Penal Code, Section 4(a) of POCSO Act and Section 3(I)(V), 3(II)(V) of SC/ST Act.
Allegation as per F.I.R against the appellant is of committing rape on the daughter of the informant and also of killing her.
It has been submitted on behalf of the appellant that the case of appellant is similar to the co-accused person, who has been granted bail by this Court. Further there is no eye witness of the occurrence and the name of the appellant has been dragged in this case only on the basis of suspicion.
Patna High Court CR. APP (SJ) No.1782 of 2017 (3) dt.19-08-2017
Learned Special P.P. opposed the prayer for bail of the
appellant.
Having heard both sides, the submission of learned counsel for the appellant that other co-accused of this case has been granted bail cannot be acceded to as the other co-accused, who was granted the privilege of bail was a lady and the case is under Section 376(2)(G) and 302 of Indian Penal Code, so far appellant in the present case is concerned, considering the facts and circumstances of the case and the nature of allegation I am not inclined to release the petitioner on bail, this appeal is accordingly dismissed.
However, the trial court is directed to expedite the trial and try to conclude it within a period of one year.
(Vinod Kumar Sinha, J)
sunil/-
U T
2 issues framed by the court
Whether bail should be granted to the appellant in a case involving rape and murder charges considering previous co-accused bail.
Whether the trial should be expedited.
Mahendra Singh
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
