High Court rejected renewed bail application of petitioner in gang rape case. Court noted specific allegations and five prosecution witnesses, found no inclination to grant bail, directed trial court to conclude trial within a year.
Prayer for bail refused; direction to trial court to expedite trial and conclude within one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.60840 of 2017
Arising Out of PS.Case No. -164 Year- 2015 Thana -BAIRIYA District- WESTCHAMPARAN (BETTIAH)
====================================================== Bhanu Choudhary @ Bhannu Choudhary , son of Shambhu Choudhary, resident of village- Bagahi Ratanpura, P.S.- Bairiya, District-West Champaran at Bettiah.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Smt. Asha Devi
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
3 03-01-2018 Heard learned counsel for the petitioner and learned
counsel for the State.
Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 01.03.2017 passed in Cr. Misc. No. 24994 of 2016. Now, the petitioner has renewed the prayer for bail in the light of period of incarceration since 28.11.2015 though the observation was given to expedite the trial and conclude the same preferably within two months as only the Investigating Officer and the doctor remained to be examined , but the trial has not concluded.
The report called for from the trial court reflects that some other co-accused have been summoned under Section 319 Cr.P.C. It is submitted by learned counsel for the petitioner that
Patna High Court Cr.Misc. No.60840 of 2017 (3) dt.03-01-2018
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there are altogether five prosecution witnesses excluding the I.O. and the Medical Officer. Since it is a case of gang rape having specific allegation against the petitioner also named in the FIR, so the Court is not inclined to grant him bail. The prayer for bail is refused with a direction to the trial court to expedite de novo trial expeditiously and conclude the same preferably within a year.
(Arun Kumar, J)
Sujit/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner in a gang rape case where specific allegations are made against him.
Whether the trial court should expedite the trial given the observations on time-conclusion.
1 provisions across 1 enactments
Bhanu Choudhary @ Bhannu Choudhary
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
