In this Special POCSO bail petition involving alleged rape of a 12-year-old child, the High Court of Patna rejected the bail prayer and directed expedited trial conclusion within a year.
Prayer for bail of the petitioner was rejected. Trial court directed to expedite trial and conclude it within a year.
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.15780 of 2018
Arising Out of PS. Case No.-631 Year-2017 Thana- PHULWARI District- Patna
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MD. SHAMIM @ ASLAM @ MD. ASHLAM S/o Late Md. Reyaz, R/o Mohalla- Ishopur, P.S.- Phulwari Sharif, District- Patna ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Fakhruddin Ali Ahmad, Adv. For the Opposite Party : Mr. RAJESH KUMAR, APP 48 ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
3 21-03-2018
learned Additional Public Prosecutor.
This is a petition for grant of regular bail in connection with Special POCSO Case No. 154 of 2017 (arising out of Phulwarisharif P.S. Case No. 631 of 2017) for offences under Sections 376 of the Indian Penal Code and 4 of the Protection of Children from Sexual Offences Act.
Allegation, in brief, is that when the prosecutrix, a 12 years old child, went to attend the call of nature, the petitioner raped her. It has been submitted that the petitioner is a sixty years old man and the medical report indicates absence of spermatozoa.
The learned counsel for the State submits that there is specific allegation against the petitioner and no spermatozoa can be found as the girl was examined approximately after two days.
Patna High Court Cr.Misc. No.15780 of 2018(3) dt.21-03-2018 2/2
Having considered the facts and circumstances, the
prayer for bail of the petitioner is rejected.
The trial Court is directed to expedite the trial and
preferably conclude it within a year.
(Arun Kumar, J)
Shamshad/-
U
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences under Section 376 IPC and Section 4 POCSO Act.
2 provisions across 2 enactments
MD. SHAMIM @ ASLAM @ MD. ASHLAM S/o Late Md. Reyaz
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
