Dr. Badar, J. rejected the second bail application of the accused charged with gang rape under Section 376(D) IPC, holding that the nature of the offence and its effect on society preclude bail. The rejected application was dismissed.
Bail application rejected; accused denied bail pending trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8702 of 2022
Arising Out of PS. Case No.-32 Year-2020 Thana- CHENARI District- Rohtas
======================================================
Monu Kuraishi Son Of Lochan Kuraishi R/O Village- Khurmabad, P.S.Chenari, District- Rohtas
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER
2 29-09-2022
This is second application by the applicant for
releasing him on bail during the pendency of the trial of Sessions Trial No. 34 of 2021, arising out of Chenari Police Station Case No. 32 of 2020, for offence punishable under Section 376(D) of the Indian Penal Code.
Heard the learned counsel appearing for the applicant/accused. He submits that only three witnesses have been examined and the applicant is behind bars from 25.02.2020.
I have considered the submissions so advanced. I have also perused the FIR lodged by the victim of the gang rape. She has categorically named the applicant as one of the rapist who had committed gang rape on her.
Considering the nature of offence and its effect on
Patna High Court CR. MISC. No.8702 of 2022(2) dt.29-09-2022 2/2
the society, no case for grant of bail is made out against the applicant. The application is rejected.
(A. M. Badar, J)
Mkr./saurabhkrsi nha/-
U T
1 issue framed by the court
Whether bail should be granted to the accused charged with rape under Section 376(D) IPC considering the gravity of the offence and the evidence against him.
1 provisions across 1 enactments
Monu Kuraishi
The State Of Bihar
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
