In a criminal appellate matter regarding bail, the Patna High Court rejected the petitioner's bail plea in a case involving allegations of gang rape and murder of a minor under POCSO and IPC, considering the heinous nature of the crime.
No opposition to bail application. It is rejected.
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.4277 of 2021
Arising Out of PS. Case No.-353 Year-2019 Thana- BOCHAHAN District- Muzaffarpur
======================================================
BADAL KUMAR Son of Shri Shambhu Sharan Gupta Resident of VillageGoriyara Mansoorpur Chamarua, P.S.- Karja, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhay Kumar For the Opposite Party/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 17-06-2021
This matter is taken up for consideration through
Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Bochahan P.S. Case No. 353 of 2019, registered for the offence punishable under Sections 376G, 302/34 of the Indian Penal Code and section 4/6 of the POCSO Act.
As per the prosecution case, this petitioner used to talk with the minor daughter of informant on mobile since last six months. On 18.10.2019 at 8.00 pm, this petitioner took the daughter of informant to Chour of Chaknuran. It is further alleged that petitioner along with his friends committed gang
Patna High Court CR. MISC. No.4277 of 2021(3) dt.17-06-2021 2/2
rape with the victim girl and brutally murdered her.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case merely on suspicion. There is no eye-witness of the occurrence. Nobody has seen this petitioner taking away the deceased. The house of deceased is situated in village Dahivan Mohanpur, PS – Bochahan and house of this petitioner is situated in village Goriyara Mansoorpur, Chamarua, PS-Karja and there is distance of 35 Km between the villages. Petitioner is in custody since 21.10.2019 having no criminal antecedent as stated in para 3 of the petition.
Learned APP however, vehemently opposed the prayer for bail and submitted that there is direct and specific allegation against this petitioner of committing gang rape murder of the deceased.
Considering the facts aforesaid and the heinous crime, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
vinita/-
U T
1 issue framed by the court
Whether bail should be granted to the accused facing charges of gang rape and murder of a minor under POCSO and IPC.
Badal Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
