High Court rejected bail application in POCSO/Penetrative Sexual Assault case. Court held victim's specific allegation precludes bail at present. Trial directed to proceed day-to-day to conclude within statutory timeframes.
Bail denied. Trial directed to proceed day-to-day. Levels witnesses to be produced by SSP.
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.7155 of 2022
Arising Out of PS. Case No.-379 Year-2021 Thana- DIGHA District- Patna
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SONU KUMAR Son of Kameshwer Yadav @ kameshwer Rai @ Nageshwer Rai Resident of New Gosai Tola, Near D.A.V. School, Gola Road, Police Station- Danapur, District- Patna.
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ratnakar Pandey, Advocate For the Opposite Party/s : Mr.Anant Kumar 1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
5 20-12-2022
Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Digha P.S. Case No. 379 of 2021 registered for the offence under Section 376 of the Indian Penal Code and Sections 4,6,8 of POCSO Act.
The accused/petitioner is named in the F.I.R. and is in custody since 14.07.2021.
The allegation against the petitioner is to commit rape/penetrative sexual assault upon informant/victim, aged about 14 years.
Patna High Court CR. MISC. No.7155 of 2022(5) dt.20-12-2022 2/3
Learned counsel appearing on behalf of the petitioner submitted that as petitioner asked to return Rs. 10,000/-, which was advanced by him to the informant for purchasing a mobile phone, was falsely implicated in the present case. It is submitted that injury report is also not supporting the allegation of rape/penetrative sexual assault, as no injuries were noticed upon victim in the support of allegation. While concluding the argument, it is submitted that investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, while opposing the prayer of bail submitted that victim specifically alleged this petitioner to commit rape/penetrative sexual assault upon her, while recording statement under Section 164 of the Cr.P.C.
In view of the facts and circumstances, as mentioned above, as victim specifically alleged this petitioner to commit rape/penetrative sexual assault upon her, this Court is not inclined to grant bail to the petitioner, at present.
However, learned Trial Court is directed to proceed with the matter, by taking it on board, on day-to-day basis, so as trial may conclude within specified time as prescribed under
Patna High Court CR. MISC. No.7155 of 2022(5) dt.20-12-2022 3/3
Section 35(2) of the POCSO Act, 2012.
Senior Superintendent of Police, Patna is directed to produce all the chargesheeted witnesses, as and when directed by the learned Trial Court, so as to conclude the trial within the specified time period, as mentioned under the law.
Let a copy of this order be communicated to S.S.P., Patna, for its compliance.
(Chandra Shekhar Jha, J)
R.S.Sen/-
U T
2 issues framed by the court
Whether bail should be granted to the accused in a case involving penetrative sexual assault under POCSO Act.
Whether the investigation being complete and lack of injuries support the bail prayer.
1 provisions across 1 enactments
Sonu Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
