Afzal @ Md. Afzal v. The State of Bihar
Case brief
What is this about?
The Patna High Court rejected a pre-arrest bail application against a petitioner accused of rape under IPC 376 and POCSO Section 4. Despite arguments regarding FIR delay and victim age, the court refused bail, citing the grave nature of repeated rape allegations and the involvement of another co-accused.
What did the court decide?
Application for pre-arrest bail is rejected.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77143 of 2019
Arising Out of PS. Case No.-123 Year-2018 Thana- BELA District- Sitamarhi
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Afzal @ Md. Afzal, Son of Abdul Sakur, Resident of Village-Bairagiya, P.SJaleshwar, District-Mohtari (Nepal)
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar, Advocate For the Opposite Party : Mr. Zainul Abedin, APP ======================================================
... ... Opposite Party
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
4 23-06-2020 Heard learned counsel for the petitioner and learned counsel for the State via video conferencing.
By way of the present application, the petitioner
has sought for pre-arrest bail in connection with Bela P.S. Case No.123 of 2018 registered for the offences punishable under Sections 341, 323, 504, 506, 376 of the Indian Penal Code and section 4 of the Protection of the Children from Sexual Offences Act.
Issues for consideration
3 issues framed by the court
Whether pre-arrest bail should be granted to the petitioner given the gravity of the allegation of repeated rape and involvement of another accused.
Whether the delay in filing the FIR and the victim's age findings negate the offence under the POCSO Act.
Whether the grant of pre-arrest bail to a co-accused mandates the same outcome for the petitioner.
Parties & counsel
- petitioner
Afzal @ Md. Afzal
- respondent
The State of Bihar
Coram
Ashwani Kumar Singh
Case details
As recorded by the court registry
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