Single judge rejected the bail application of a juvenile accused of raping a minor and other serious offenses, citing the gravity of allegations and medical evidence against him.
Bail application of the petitioner is rejected.
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 Revision No.372 of 2018
Arising Out of PS. Case No.-433 Year-2017 Thana- LAKHISARAI District- Lakhisarai
======================================================
Nitish Kumar @ Golu Kumar, Through his mother and legal guardian namely Nirmala Devi, Wife of Lattan Saw, Both Resident of Village- Ward No.- 31, Bazar Samiti Pir Baba, P.S.- Kabaiya, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Chandra For the Respondent/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 23-05-2018
The petitioner has challenged the order dated 24.1.2018 passed by Juvenile Justice Board, Lakhisarai in connection with Lakhisarai ( Kabaiya) P. S. case no. 433 of 2017 registered for the offences under Sections 376, 120B, 504, 506/34 of the IPC and Section 4 of the POCSO Act, 2012 whereby learned Magistrate has recommended the case of the petitioner to be tried under Section 18(3) of the Juvenile Justice Act as well as the order dated 13.3. 2018 passed by learned Additional District and Sessions Judge 1st , Lakhisarai whereby he has rejected the application of the petitioner for his release on bail.
It is alleged in the written report that while the informant was returning to her home after attending the tuition
Patna High Court CR. REV. No.372 of 2018(2) dt.23-05-2018 2/2
this petitioner along with 2-3 friends surrounded her and forcibly took her in a lonely room and this petitioner after locking the door committed rape with her.
A supplementary affidavit has been filed on behalf of the petitioner today enclosing the Medical report of the victim girl in which the doctor has opined forceful intercourse could not be excluded. Therefore, seeing seriousness of the allegation levelled against the petitioner this Court is not inclined to grant bail to the petitioner .Prayer for bail of the petitioner is rejected.
This Cr. Revision application is, accordingly, dismissed.
(Sanjay Priya, J)
shyambihari/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with rape and offenses under the POCSO Act.
Whether the seriousness of the allegations precludes the grant of bail despite the petitioner's representation.
4 provisions across 3 enactments
Nitish Kumar @ Golu Kumar
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
