The High Court dismissed an appeal against the rejection of bail. The appellant, charged with SC/ST atrocities and other offences, argued false implication. The court refused bail and directed swift trial completion within six months.
Bail prayer rejected; trial directed to conclude within six months.
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 APPEAL (SJ) No.1592 of 2019
Arising Out of PS. Case No.-42 Year-2019 Thana- RAFIGANJ District- Aurangabad
======================================================
Neeraj Mishra @ Neeraj Kumar Mishra Son of Mahendra Mishra Resident of Village- Mishir Bigha, P.S.- Rafiganj, District- Aurangabad, Bihar
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Manoj Kumar Singh For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
6 15-07-2019
Heard learned counsel for the appellant and learned Spl. PP for the State.
This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the refusal of prayer for bail vide order dated 18.03.2019 passed by learned 1st Addl. Sessions Judgecum-Special Judge, (POCSO) Act, Aurangabad in Rafiganj P.S. Case No. 42 of 2019 registered under Sections 341, 323, 324, 307, 354, 354(A) of the Indian Penal Code, Section 3(i)(r)(s) (w), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Section 8 and 12 of POCSO Act and 27 of the Arms Act.
While the informant had gone to the field along
Patna High Court CR. APP (SJ) No.1592 of 2019(6) dt.15-07-2019 2/3
with her aunt, appellant Neeraj Mishra tried to outrage her modesty and when she made good her escape from his clutches, he resorted firing upon her which hit on her buttock.
It is submitted by learned counsel for the appellant that the appellant has no concern with the aforesaid occurrence. He has been falsely implicated in this case. Informant and her aunt were plucking shrubs from his field and on chiding by the appellant, informant has lodged this false and frivolous case against him out of grudge. Appellant has no criminal antecedent and has been languishing in custody since 10.02.2019.
Learned Spl. P.P. for the State opposing the bail prayer of the appellant submitted that the appellant has first tried to outrage the modesty of the informant, and on failure, he resorted firing upon her which hit on her buttock. Doctor has also found firearm injury though simple in nature on the person of the deceased, hence, he does not deserve bail.
In the facts and circumstances of the case, I am not inclined to enlarge the appellant on bail. Accordingly, his prayer is rejected.
Learned court below is directed to conclude the trial as expeditiously as possible preferably within six months from the date of receipt/production of a copy of this order and
Patna High Court CR. APP (SJ) No.1592 of 2019(6) dt.15-07-2019 3/3
S.P. Aurangabad directed to ensure production of the witnesses in the case on each and every date fixed without fail. If the trial is not concluded within the stipulated period, appellant shall be
at liberty to renew his prayer for bail.
Let a copy of this order be communicated to S.P.
Aurangabad by fax for needful.
Accordingly, this appeal is dismissed.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
2 issues framed by the court
Whether the appellant is entitled to bail pending trial in a case involving offences under the SC/ST (Prevention of Atrocities) Act and the IPC.
Whether the direction to expedite the trial within six months is feasible regarding witness production.
5 provisions across 4 enactments
Neeraj Mishra @ Neeraj Kumar Mishra
The State Of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
