The High Court rejected the petitioner's bail petition in a rape case against a minor. While rejecting bail due to serious charges, the court directed the trial court to conclude proceedings within nine months as the petitioner has been in custody since October 2019.
Bail petition rejected; trial directed to be concluded within nine 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.23603 of 2021
Arising Out of PS. Case No.-236 Year-2019 Thana- UCHKAGAON District- Gopalganj
======================================================
Bipin Sah S/O Rangila Sah R/O Village Dorapur, P.S-Uchakagaon, DistrictGopalganj.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar For the Opposite Party/s : Mrs.Pushpa Sinha ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
As per the prosecution case, this petitioner committed rape with the minor daughter of the informant.
Earlier, the bail petition of petitioner was rejected, vide order dated 17.06.2020 passed in Cr.Misc. No. 8660 of 2020.
From perusal of the trial court report, it appears that out of fourteen chargesheeted witnesses, ten chargesheeted witness and one non-chargesheeted witness, including the victim, informant, I.O., doctor, have already been examined and the case is running for examination of rest of the witnesses and the trial is likely to be completed within a period of three months.
Patna High Court CR. MISC. No.23603 of 2021(4) dt.03-12-2021 2/2
Consideration the nature of accusation and progress of the trial, the bail petition of petitioner is rejected. However, since the petitioner is in custody since 01.10.2019, the learned trial court is directed to conclude the trial as early as possible, preferably; within a period of nine months from the date of receipt/production of copy of this order.
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether the bail petition of the petitioner should be allowed considering the nature of accusation and progress of the trial.
Bipin Sah
The State Of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
