Single judge oral order dismissing regular bail in a rape case (Sections 376 IPC) due to incomplete witness examination. Trial concluded within six months; bail prayer renewable thereafter.
Regular bail dismissed; trial to conclude within six months.
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.48779 of 2022
Arising Out of PS. Case No.-163 Year-2021 Thana- AMNAUR District- Saran
====================================================== Dilip Singh S/O Late Lallan Singh, Resident of village- Gosi Amnaur Sultan, P.S.- Amnaur, District- Saran at Chapra.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 09-12-2022 Heard learned counsel for the parties.
Learned counsel for the petitioner is permitted to
remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
This application for grant of regular bail in connection with Sessions Trial No. 498 of 2021 arising out of Amnaur P.S. Case No. 163 of 2021 registered for the offences under Sections 376, 120-B, 201/34 of the Indian Penal code and under Sections 67 and 67-A of the Information Technology Act, 2000.
Learned counsel for the petitioner submits that some witnesses including the informant has not supported the prosecution case.
Considered the submissions of the parties.
Patna High Court CR. MISC. No.48779 of 2022(2) dt.09-12-2022 2/2
Considering the fact that this is a case of rape and some more witnesses are yet to be examined, I am not inclined to grant the petitioner privilege of regular bail.
Accordingly, this regular bail application is dismissed. The trial court is directed to conclude the trial within six months from the date of receipt/communication of this order. However, the petitioner will be at liberty to renew his prayer for bail after six months if there is no substantial progress in the trial.
(Sandeep Kumar, J)
pawan/-
U
3 issues framed by the court
Whether the petitioner should be granted regular bail in a rape case where witnesses have yet to be examined.
Whether the trial court should direct a time-limit for concluding the trial.
Whether the petitioner should be allowed to renew the bail application after the specified period.
2 provisions across 2 enactments
Dilip Singh
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
