The court heard an application for bail in a case involving sexual assault on a five-year-old girl. Rejecting the plea based on the heinous nature of the accusation and lack of supporting evidence regarding the alleged civil dispute, the court dismissed the bail prayer.
Bail prayer rejected; the petitioner remains in custody.
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.44867 of 2017
Arising Out of PS.Case No. -243 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI
====================================================== Naresh Kewat, S/o Late Vishundeo Kewat, R/o Village- Charokhra, Ward No. 18, P.S. & Dist.- Lakhisarai.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jainendra Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar Roy
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 04-01-2018 Heard the counsels for the parties.
The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 243 of 2017 dated 11.06.2017 instituted
for the offences under Section 376 of the Indian Penal Code and Section 4 of the Protection Of Children From Sexual Offences Act, 2012.
The petitioner is alleged to have committed sex upon a five year old girl who had gone out of her house to attend to the call of nature.
Learned counsel for the petitioner has submitted
that because of the pending civil dispute between the petitioner and his brother and the mother of the victim, this case has been lodged. However, no details have been provided in the petition
Patna High Court Cr.Misc. No.44867 of 2017 (3) dt.04-01-2018
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regarding such civil dispute between the parties. The 164 Cr. P.C. statement of the victim girl has also not been brought on record.
Considering the nature of accusation against the
petitioner of ravishing a five year old girl, this Court is not inclined to grant bail to him.
The prayer for bail is, therefore, rejected.
(Ashutosh Kumar, J)
Shageer/-
U T
1 issue framed by the court
Whether bail should be granted to the accused charged with sexual assault on a five-year-old child.
2 provisions across 2 enactments
Naresh Kewat
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
