MD Perwez @ Perwez Khan @ MD Prawez v. The State of Bihar
Case brief
What is this about?
The Patna High Court rejected a bail application by an accused charged under POCSO and IPC sections for alleged penetrative sexual assault. The court noted the Investigating Officer failed to collect the victim's matriculation certificate and departmental action was directed against the officer. Bail was denied.
What did the court decide?
Bail application rejected. NI Order and departmental action initiated against the Investigating Officer for not collecting victim's birth certificate.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31511 of 2021
Arising Out of PS. Case No.-18 Year-2021 Thana- CIVIL LINE District- Gaya
======================================================
Md Perwez @ Perwez Khan @ Md Prawez S/O Md. Nizam @ Md. Nezamuddin R/O Mohalla- New Karimganj, P.S.- Civil Lines, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikram Deo Singh, Advocate Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP For the Informant : Mr. Nafisuzzoha, Advocate ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER
7 17-05-2022
The applicant/accused in POCSO Case No. 5 of 2021, arising out of Crime No. 18 of 2021 registered with Civil Lines Police Station, for the offences punishable under Sections 506, 376, 354(D) of the Indian Penal Code as well as under Sections 4, 6, 8 and 12 of the POCSO Act, by this application is seeking his release on bail during pendency of the trial.
Issues for consideration
2 issues framed by the court
Whether bail should be granted to the accused charged with offences under POCSO Act and IPC.
Whether the investigation was adequate regarding the documentary proof of the victim's age.
Parties & counsel
- applicant
Md Perwez @ Perwez Khan @ Md Prawez
Coram
A. M. Badar
Case details
As recorded by the court registry
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