This is an oral criminal bail order in a rape case involving a minor child. The single judge rejected the petitioner's bail application pending before the Additional Sessions Judge, citing the severity of the charge and medical evidence.
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.30139 of 2018
Arising Out of PS. Case No.-89 Year-2017 Thana- MAHILA PS District- Jehanabad
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Gopal Ram @ Gopal Pd., Son of Late Mathura Ram, Resident of Village Rukanpura, P.S. Ghoshi (Okari O.P.), District Jehanabad.
... ... Petitioner/s
Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Prasad For the Opposite Party/s : Mr. Sri Uday Pratap Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 15-05-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Jehanabad Mahila P.S. Case No.89 of 2017, registered under Sections 376 of the Indian Penal Code as well as under Section 4 of the POCSO Act.
Allegation is that the petitioner raped a child of five years of age and the medical examination also supports the same.
Having considered the aforesaid facts and circumstances, prayer of bail of the petitioner is rejected in connection with Jehanabad Mahila P.S. Case No.89 of 2017, pending in the court of learned Additional Sessions Judge, 1st , Jehanabad.
(Arun Kumar, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether bail should be granted to the accused charged under Section 376 IPC and Section 4 POCSO Act.
Gopal Ram @ Gopal Pd.
The State Of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
