Single judge dismissed regular bail application of petitioner charged with rape attempt and insult to modesty of a minor daughter under IPC and POCSO, rejecting counsel's reliance on absence of medical statements.
Bail application dismissed; trial expedited.
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.50510 of 2021
Arising Out of PS. Case No.-65 Year-2021 Thana- SALAKHUA District- Saharsa
======================================================
SURENDRA SINGH @ SUPARI SINGH Son of Bindeshwari Singh Resident of Village- Katghara, P.S.- Salkhua, District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Adv. For the Opposite Party/s : Mr. Bharat Lal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 22-04-2022 Heard Mr. Amarnath Jha, learned counsel for the
petitioner and Mr. Bharat Lal, learned Additional Public Prosecutor for the State via virtual mode.
Petitioner seeks regular bail in connection with Salkhua PS Case No. 65/2021 registered for the offence punishable under Sections 354(B) of the IPC.
The allegation, in a nutshell, is that the petitioner disrobed the minor daughter of informant who is aged about 11 years and tried to commit rape upon her.
Learned counsel for the petitioner submits that the petitioner is in custody since 08.04.2021 and the victim girl has not been examined under Sections 161 & 164 of the CrPC. He further submits that the charge-sheet has been submitted under Sections 354(B), 376/511 of the IPC and under Section 8 & 12
Patna High Court CR. MISC. No.50510 of 2021(2) dt.22-04-2022 2/2
of the POCSO Act.
Regards being had to the submissions made by the parties and taking into consideration the nature of allegation and the informant was present at the place of occurrence at the time of commission of offence by the petitioner, I am not inclined to grant regular bail to the petitioner. The same is, hereby, dismissed.
Let the trial be expedited.
(Anil Kumar Sinha, J)
perwez
2 issues framed by the court
Whether regular bail should be granted to the petitioner charged with offences under Sections 354(B) and 376 IPC in a POCSO case.
Whether the failure to examine the victim under Sections 161 and 164 CrPC warrants bail.
5 provisions across 3 enactments
Surendra Singh @ Supari Singh
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
