The court rejected the petitioner's bail application in a rape case (IPC Sec. 376) where trial was pending with five witnesses examined, directing expedited trial instead.
Prayer for bail rejected; trial court directed to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55493 of 2021
Arising Out of PS. Case No.-135 Year-2021 Thana- PIRPAINTI District- Bhagalpur
======================================================
MD. SAFARDAR ALI@ SAFDAR ALI Son of Md. Shamsher Alam Resident of Village- Govindpur, Laxmipur, P.S.- Pirpainty, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Jha For the Opposite Party/s : Mr.Madhura Nand Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER
2 04-04-2022
Let the defects, if any, be removed within four weeks
from today.
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered in connection with Pirpainty P.S.Case No. 135 of 2021 for the offences punishable under Section 376 of the Indian Penal Code.
There is specific allegation of committed rape on the victim levelled against this petitioner. It is fairly submitted on behalf of the counsel for the petitioner that trial in respect to the said occurrence is going on and altogether five witnesses have already been examined.
Considering the nature of allegation, I am not inclined to grant privilege of regular bail to the petitioner and hence, his
Patna High Court CR. MISC. No.55493 of 2021(2) dt.04-04-2022 2/2
prayer for bail in connection with Pirpainty P.S.Case No. 135 of 2021 stands rejected.
However, the learned trial court is directed to expedite the trial of the petitioner and try to conclude the same, expeditiously.
(Harish Kumar, J)
N.K/-
U T
2 issues framed by the court
Whether to grant bail in an offence punishable under Section 3 of the POCSO Act (or similar sexual offence) where trial is pending and witnesses examined?
Whether to grant bail in a rape case?
1 provisions across 1 enactments
MD. SAFARDAR ALI@ SAFDAR ALI
The State of Bihar
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
