In a bail application arising from a POCSO case involving rape of a two-year-old, the court found the trial at the fag stage with four witnesses examined. Rejecting the prayer for bail, the court directed the trial court to conclude the trial within three months.
Bail prayer rejected; Trial directed to conclude within three 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.3308 of 2019
Arising Out of PS. Case No.-141 Year-2018 Thana- VISHNUPAD District- Gaya
======================================================
Sajan Ravidas Shivnandan Ravidas, Mohalla- Bypass Maranpur, P.S.Vishnupad, District- Gaya.
... ... Petitioner/s
Versus
The State Of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sudhir Kumar Sinha For the Opposite Party/s : Mr.Ashraf Ansari ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
9 08-08-2019
Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in POCSO Case No. 67/2018, arising out of Vishnupad P.S. Case No. 141/2018, instituted for offence under Section(s) 376(3), 376AB of the Indian Penal Code.
It is alleged in the written report that petitioner has committed rape with two year old daughter of informant.
Learned counsel for the petitioner has submitted that in the medical report no injury has been found either on the person of victim or on the person of accused. Medical report of victim and petitioner is annexed as Annexure- 5 and 6.
Report from the court below regarding present stage of case has been received, wherein it is mentioned that out of six
Patna High Court CR. MISC. No.3308 of 2019(9) dt.08-08-2019 2/2
witnesses, four witnesses have already been examined. Only victim and doctor are yet to be examined. It is mentioned in the report that it will hardly take two months to dispose off the case.
From the report of trial court it appears that trial is at the fag stage.
In view of such, this Court is not inclined to grant bail to petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.
The trial court is directed to expedite the trial and conclude the same within three months from the date of receipt/production of copy of this order and send compliance report to this Court.
Petitioner may renew prayer for bail in the event trial is not concluded within aforesaid period.
(Sanjay Priya, J)
rakhi/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a POCSO case involving rape of a two-year-old child where the trial is at the fag stage.
Sajan Ravidas Shivnandan Ravidas
The State Of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
