In a bail application regarding offences under Section 376 IPC and POCSO, the court held that the serious nature of the allegations precluded bail. Instead, the trial court was directed to expedite the trial. The prayer for bail was rejected.
Prayer for bail rejected; direction to trial court to expedite 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.3958 of 2022
Arising Out of PS. Case No.-227 Year-2021 Thana- KASBA District- Purnia
======================================================
Vikash Kumar Son of Sanatan Mandal @ Sona Mandal @ Shantau Mandal R/O Village- Radhanagar, P.S.- Kasba, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.N.K. Agrawal, Sr. Advocate Dr. Bidhu Ranjan, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s : Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioner seeks bail in connection with Kasba P.S. Case No. 227 of 2021 registered for the alleged offences under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.
As per prosecution case, the petitioner entered into the house of the informant and forcibly took away the minor daughter of the informant in the backyard of his house and committed rape with her.
The learned senior counsel for the petitioner submits
Patna High Court CR. MISC. No.3958 of 2022(4) dt.07-12-2022 2/3
that the petitioner is innocent and has been falsely implicated in this case. The prosecution story is not believable and it shows that the victim girl was a consenting party. There was love-affair between the victim girl and the petitioner. The victim was medically examined and her age was assessed to be 16-18 years and doctor has not found any sexual assault on the victim and medical report does not support the allegation of any rape. The petitioner is aged about 19 years. Learned senior counsel further submits that the manner in which occurrence took place shows the doubtful nature of the allegation. If the victim was being taken out, she could have raised alarm but no such act has been made on her part. The petitioner is in custody since 26.09.2021 and charge-sheet has been submitted. The petitioner has got no criminal antecedent.
Learned APP opposes the prayer for bail submitting that the allegation against the petitioner is very specific and the allegation was supported by the victim girl in her statement under Section 161 as well as 164 Cr.P.C.. The witnesses who were examined during investigation also supported the prosecution case.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.3958 of 2022(4) dt.07-12-2022 3/3
nature of allegation which I think is quite serious, I am not inclined to enlarge the petitioner on bail.
Hence, the prayer for bail is rejected.
However, the trial court is directed to expedite the
trial and conclude the same at the earliest.
(Arun Kumar Jha, J)
Rajnish/-
U T
3 issues framed by the court
Whether the petitioner should be granted bail in connection with alleged offences under Section 376 IPC and Section 4 POCSO Act.
Whether the trial court should be directed to expedite the proceedings.
Whether the allegation is serious enough to deny bail.
Vikash Kumar
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
