Bench directed bail application dismissed. Court held victim cannot be disbelieved at bail stage. Trial expedited.
Bail prayer refused. Trial directed to be expedited.
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.19337 of 2021
Arising Out of PS. Case No.-240 Year-2019 Thana- KHODAWANDPUR District- Begusarai
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GOLA PASWAN @ GOLU PASWAN S/o Phudo Paswan @ Phudho Paswan R/o village- Bariyarpur (West) Ward No.- 03, P.S.- Khodawandpur, Distt.Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kumar Binode Bariar, Advocate. For the Opposite Party/s : Mr. Shyam Kumar Singh, APP.
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 26-10-2021 Heard the parties.
The petitioner is languishing in custody for the offence punishable under Section 376D/34 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.
Two persons including the petitioner allegedly ravished to the daughter of the informant, a minor girl.
Learned counsel for the petitioner submits that the matter is of love affairs between the victim and co-accused Kundan. Moreover there is property dispute between the family of the victim and the petitioner and that is why false allegation has been levelled.
No material to substantiate a case of love affairs has been brought on the record nor it has come during
Patna High Court CR. MISC. No.19337 of 2021(3) dt.26-10-2021 2/2
investigation.
Next submission is that the medical report does not corroborate the statement of the victim as no spermatozoa was found by the doctor.
It would be considered at the time of trial considering the date of occurrence and date of report as well as medical examination.
The victim cannot be disbelieved at this stage. Hence, I am not inclined to enlarge the petitioner on bail in connection with Khodawandpur P.S. Case No. 240 of 2019.
Hence, prayer is refused.
Learned trial Judge is directed to expedite the trial.
(Birendra Kumar, J)
mantreshwar/-
U T
2 issues framed by the court
Whether bail should be granted to a petitioner accused of sexual offences against a minor in circumstances of alleged love affair and property dispute.
Whether the absence of spermatozoa in the medical report invalidates the victim statement at the bail stage.
2 provisions across 2 enactments
Gola Paswan @ Golu Paswan
The State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
