In a bail petition under CrPC 437 for offences under IPC 376(D) and POCSO 6, the High Court of Patna refused bail. The recording of the victim, a minor girl, supported the rape charge, leading the Court to deny bail due to the gravity of the situation.
Prayer for bail in the complaint case was rejected and bail was denied.
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.60648 of 2019
Arising Out of PS. Case No.-82 Year-2019 Thana- SAUR BAZAR District- Saharsa
======================================================
Punit Kumar @ Manish @ Manish Kumar Son of Dinesh Mandal Resident of Village- Bisanpur, Ward No. 3, P.S.- Sour Bazar, O.P. Patarghat, DistrictSaharsa.
... ... Petitioner
Versus
The State Of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Uday Narayan Singh For the Opposite Party : Mr.Mohammad Sufyan ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Sour Bazar P. S. Case No. 82 of 2019 , instituted for the offence under Section(s) 376(D) of the Indian Penal Code and Section 6 of the POCSO Act.
It is submitted by the petitioner’s counsel that he was having a pre-existing intimate relation with the victim and upon its disclosure, in public, the petitioner has falsely been implicated in the instant case.
The learned APP for the State has drawn the attention of the Court towards the case diary and deposition of the victim, wherein, she has supported the allegation of rape. The victim is also a minor girl.
Patna High Court CR. MISC. No.60648 of 2019(3) dt.04-12-2019 2/2
In the circumstances, considering the gravity of the situation, this Court, for the present, is not inclined to grant the benefit of regular bail to the petitioner.
Prayer is rejected .
(Madhuresh Prasad, J)
shyambihari/-
U T
2 issues framed by the court
Whether bail can be granted to the petitioner under Section 437 CrPC in a case involving an offence under Section 376(D) IPC and Section 6 of the POCSO Act.
Whether the petitioner's claim of false implication due to public disclosure of pre-existing intimate relations affects the grant of bail.
3 provisions across 3 enactments
Punit Kumar @ Manish @ Manish Kumar
The State Of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
