The High Court rejected bail to the petitioner in a rape and criminal conspiracy case. However, it directed the trial court to conduct the trial daily and conclude within six months, failing which the petitioner must be granted bail.
Bail rejected; trial to be concluded within six months or petitioner released on bail.
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.5829 of 2020
Arising Out of PS. Case No.-653 Year-2018 Thana- KISHANGANJ District- Kishanganj
====================================================== SARFARAZ S/o Badrul Haque R/o village- Dakchin Tola Salki, P.S. and District- Kishanganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr.Nirmal Kumar Sinha, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
6 04-01-2021
The petitioner is in custody in connection with Kishanganj P.S. Case No. 653 of 2018 registered for the offence under Section 376,313,201 and 120(B) IPC.
Having regard to the nature of allegation levelled against the petitioner, the Court is not inclined to grant bail. The prayer is rejected.
However, the court below is directed to conduct the trial of this case on day to day basis and conclude the same within a period of six months from the date of receipt/production of a copy of this order failing which the Court below shall release the petitioner on bail and submit a report to the Registrar General of this Court.
(Anil Kumar Upadhyay, J)
spandey/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner given the nature of allegations.
Whether the trial should be conducted on a day-to-day basis and concluded within six months.
3 provisions across 1 enactments
SARFARAZ S/o Badrul Haque
The State of Bihar
ANIL KUMAR UPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
