Single judge order on bail application. Court rejected bail plea for petitioner charged under sexual offences against children and relevant IPC provisions, as the trial court reported pending proceedings requiring time.
Prayer for bail rejected. Petitioner to remain in custody pending 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 Miscellaneous No.32490 of 2018
Arising Out of PS.Case No. -678 Year- 2015 Thana -BIHTA District- PATNA
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Saryug Choudhary S/o Deonath Chaudhary, R/o Vill.- Maula, P.S.- Maner, District- Patna.
.... .... Petitioner Versus
The State of Bihar
.... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Kamlesh Prasad Yadav For the Opposite Party/s : Mr. Uday Pratap Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
5 08-08-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 376-A, 376-D of the Indian Penal Code and Section 6 of POCSO Act.
The trial court has reported that Special (POCSO) Case No. 127 of 2015 is pending for argument and the trial court has sought one month’s time for conclusion of the aforesaid case.
In view of the aforesaid report, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Special (POCSO) Case No. 127 of 2015 arising out of Bihta P.S. Case No. 678 of 2015 stands rejected.
(Hemant Kumar Srivastava, J)
SHAHZAD/U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving offences under Sections 376-A, 376-D IPC and Section 6 of POCSO Act where the trial is pending.
2 provisions across 2 enactments
Saryug Choudhary
State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
