The Patna High Court dismissed the petitioner's bail application in a case involving offences under IPC and POCSO. The court held that the allegation appeared prima facie true based on the victim's statement. The trial was directed to be expedited within six months.
Bail application dismissed; direction to trial court to expedite trial 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 MISCELLANEOUS No.2116 of 2019
Arising Out of PS. Case No.-117 Year-2018 Thana- AMAUR District- Purnia
======================================================
Md. Azam, S/o Md. Kudrat @ Kudrat, Resident of Kola, P.S.- Amour, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Satyavarat Verma, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
3 07-03-2019
Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 01.09.2018 in connection with Amour P.S. Case No. 117 of 2018, registered for the offence under Sections 363, 366, 366A, 420, 376, 384, 506/34 of the Indian Penal Code and 4 POCSO Act, 2012.
Learned counsel appearing on behalf of the petitioner submits that he has been falsely implicated in the present case as they are close relatives. It is further submitted that the FIR has been lodged after delay of more than one month, therefore, he may extended the privilege of bail.
Learned counsel for the informant has however, filed counter affidavit in which he has brought on record the school certificate of the victim and also the statement recorded under
Patna High Court CR. MISC. No.2116 of 2019(3) dt.07-03-2019 2/2
Section 164 Cr.P.C. annexed as Annexure C and A respectively. From perusal of the Annexure C, it appears that the date of birth of the victim girl recorded therein is 12.02.2002. In view of the fact that on the date of the occurrence the victim girl was a minor and from her statement under Section 164 Cr.P.C., clearly indicates that the petitioner has repeatedly indulged having sexual relationship with her against her will. The allegation levelled against the petitioner in the FIR appeared to be prima facie true.
In view of such facts and the statement made by the victim girl in her statement under Section 164 Cr.P.C., I am not inclined to grant regular bail to the petitioner. It is accordingly, dismissed.
However, the trial court is directed to expedite the trial as early as possible preferably within a period of six months.
(Anjana Mishra, J)
khushbu/-
U T
2 issues framed by the court
Whether regular bail should be granted to the petitioner accused of offences under IPC and POCSO Act given the prima facie truth of the allegations.
Whether the trial should be expedited in cases involving offences against minors.
2 provisions across 2 enactments
Md. Azam
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
