Appeal dismissed against rejection of regular bail application for a juvenile appellant accused of rape and other sections under IPC, POCSO, and DP Act. Bench upheld lower court order noting available materials and serious nature of allegations.
Bail prayer rejected; case to be expedited within six months or bail may be renewed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3401 of 2022
Arising Out of PS. Case No.-43 Year-2020 Thana- MAHILA P.S BAGHA District- West Champaran
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XXXXXXX Son of Dukhi Chaudhary Resident of Nuniyawa Tola, Police Station- Bhairoganj, District- West Champaran, Under Natural Guardianship of his uncle namely Swami Nath Chaudhary Age about 55 years s/o late Lalji Chaudhary R/v- Nuniyawatola p.s-Bhairoganj Distt- Westchamparan.
... ... Appellant/s Versus THE STATE OF BIHAR Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ravishankar Sahay, Adv. : Mr. Vijay Kr Singh No. 1, Adv. For the Respondent/s : Mr.Zeyaul Rahman (App 69) ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
14 18-07-2023
Patna High Court CR. APP (SJ) No.3401 of 2022(14) dt.18-07-2023 2/4
rejected.
Patna High Court CR. APP (SJ) No.3401 of 2022(14) dt.18-07-2023 3/4
sufficient materials are available on record against the appellant. Learned A.P.P. further submits that victim in her statement supported the prosecution case and the doctor, who examined the victim, in medical report also supported the case of prosecution and found that victim is pregnant for 31 weeks.
Patna High Court CR. APP (SJ) No.3401 of 2022(14) dt.18-07-2023 4/4
expedite the case as early as possible preferably within six months from the date of receipt/production of copy of this order and if same is not concluded within the above stated period, the prayer for bail may be renewed.
(Alok Kumar Pandey, J)
amitkr/-
U T
2 issues framed by the court
Whether the High Court was right in dismissing the bail appeal against an order rejecting the prayer for regular bail.
Whether any error appears in the lower court's order rejecting bail in a case involving serious sexual offences against a minor.
XXXXXXX Son of Dukhi Chaudhary
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
