Patna High Court rejected the petitioner's bail petition in a POCSO and rape case involving video evidence and threats. The court was not inclined to grant bail due to consistent allegations corroborated by the victim's recorded statement.
Prayer for bail was rejected, and the trial court was directed to expedite the trial.
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.15214 of 2022
Arising Out of PS. Case No.-333 Year-2021 Thana- NAUTAN District- West Champaran
======================================================
SAHEB SAH S/o Sri Nandlal Sah Resident of Village- Gahiri, P.S.- Nautan (Jagdishpur), District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr.Madan Kumar For the Informant : Mr. Anand Kishore Chaudary ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
3 19-09-2022
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Nautan P.S. Case No. 333 of 2021 registered for the offences punishable under Sections 376/34 of the Indian Penal Code read with Section 66-D of the Information Technology Act, 2000 and 04 of the Protection of Children from Sexual Offences Act, 2012.
As per prosecution case, petitioner and one coaccused Sikandar Sah established illicit relation with victim girl and made video of the same. It is further alleged that
Patna High Court CR. MISC. No.15214 of 2022(3) dt.19-09-2022 2/3
petitioner and other co-accused threatened the victim girl to make that Video viral and on basis of that video they continued committing rape with victim girl for one month and they also made the video viral due to which dignity of informant and victim has been affected.
Learned counsel for the petitioner submits that petitioner is in custody since 10.12.2021. Petitioner bears no criminal antecedent. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that there is a case and counter case between the parties.
The learned A.P.P. for the State and learned counsel for the informant vehemently oppose the prayer for bail of the petitioner. He has submitted that there is a direct allegation against the petitioner and same is supported and corroborated by the statement of victim under Section 164 of the Cr.P.C.
Considering the facts and circumstances of the case, accusation against the petitioner and same is consistent with the statement of victim under Section 164 of the Cr.P.C. as well as material available on record, I am not inclined to grant bail to the present petitioner. Accordingly, prayer for
Patna High Court CR. MISC. No.15214 of 2022(3) dt.19-09-2022 3/3
bail of the present petitioner stands rejected.
However, learned trial court is directed to expedite
the trial as far as possible.
(Alok Kumar Pandey, J)
amitkr/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner charged with offences under Sections 376 IPC, Section 66-D of the IT Act and Section 4 POCSO.
3 provisions across 3 enactments
Saheb Sah
State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
