Criminal Appeal against bail rejection. The High Court dismissed the appeal against bail orders and directed the trial court to expedite proceedings in the rape and SC/ST(A) case.
Bail prayer rejected; appeal dismissed; trial court directed to expedite trial.
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 Appeal (SJ) No.1847 of 2017
Arising Out of PS.Case No. -3 Year- 2017 Thana -MAHILA PS District- AURANGABAD
====================================================== 1. Md. Imran @ Abid @ Imran @ Abid Son of Md. Bakhtawar, Resident of Village- Miyan Bigha, P.O.- Kasma, P.S.- Kasma, District- Aurangabad (Bihar).
.... .... Appellant/s Versus
.... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Shakib Ayaz For the Respondent/s : Mr. Binay Krishna
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 04-07-2017 The appellant seeks regular bail in connection with Aurangabad Mahila P.S.Case No.03 of 2017, registered for offences punishable under Section 376 of the Indian Penal Code, Section 4 of the POCSO Act and Sections (1)®, 3(1)(w)(ii) & 3 (2) (v) of SC/ST (POA) Act.
Allegation against the appellant is that he committed rape upon the informant and due to that she set herself on fire.
It is submitted on behalf of the appellant that there was some dispute between the appellant and the father of the informant, as such he has been implicated in the false and concocted case. It is further submitted that after medical
Patna High Court CR. APP (SJ) No.1847 of 2017 (2) dt.04-07-2017
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examination, she was found major. The appellant is in custody for about four months.
Heard learned Special P.P. also, who has opposed the prayer for bail stating that there is allegation of committing rape against the appellant upon the informant and further due to which she set herself on fire.
Having heard both sides and considering submissions, as stated above, I am not inclined to grant bail to the petitioner, as such this appeal is dismissed and the learned trial court is directed to expedite the trial of the appellant.
With the above direction, this appeal is dismissed.
(Vinod Kumar Sinha, J)
chn/-
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2 issues framed by the court
Whether bail should be granted to the appellant pending trial for offences under Section 376 IPC, Section 4 POCSO Act, and SC/ST (POA) Act.
Whether the Trial Court is directed to expedite the trial of the appellant.
3 provisions across 3 enactments
Md. Imran @ Abid @ Imran @ Abid
The State of Bihar
Poonam Kumari @ Maitri
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
