A regular bail application in a POCSO case involving allegations of unnatural offences against a minor was filed. The court refused bail and ordered trial expedition.
Prayer for regular bail was refused. The trial was ordered 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.24878 of 2021
Arising Out of PS. Case No.-75 Year-2020 Thana- SACHIVALAYA District- Patna
======================================================
SOHAN RAM SON OF LATE SARYUG RAM @ SARJU RAM @ LATE SARYU RAM RESIDENT OF BEHIND HAJ BHAWAN, JHOPPARPATTI, WARD NO. 9, POLICE STATION- SACHIWALAY, DISTRICT- PATNA
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gajendra Kumar Singh For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
7 16-11-2021 Heard learned counsel for the petitioner and the State.
The petitioner seeks regular bail in Special POCSO Case No.120 of 2020/Sachiwalay Police Station Case No. 75 of 2020 registered for the offences punishable under section 376 of the Indian Penal Code and sections 8 and 12 of the POCSO Act.
As per the prosecution case, the petitioner committed
unnatural offence with the minor daughter of the informant.
Learned counsel for the petitioner submits that the petitioner is next door neighbour and is innocent and has falsely been implicated in this case. Occurrence is said to be of 18.6.2020 and the FIR was instituted on 24.6.2020 and there is no explanation of delay in lodging of the FIR. The doctor has not found any mark of violence on the private part of the victim.
Patna High Court CR. MISC. No.24878 of 2021(7) dt.16-11-2021 2/2
Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 26.2.2020.
Learned counsel for the State opposes the prayer for bail and submits that the age of the victim is stated to be 8 to 10 years and there is allegation against the petitioner of committing rape on the victim.
Considering the nature of accusation against the petitioner, his prayer for bail is refused.
Let the trial be expedited.
(Prabhat Kumar Singh, J)
shashi/-
U T
2 issues framed by the court
Whether the petitioner is eligible for regular bail in a case punishable under section 376 IPC and the POCSO Act involving a minor.
Whether the delay in lodging the FIR and lack of forensic injury warrant the grant of bail.
2 provisions across 2 enactments
Sohan Ram Son of Late Saryug Ram
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
