Dismissed¶21

Chandeswar Das v. the State of Bihar

Patna HC3 Apr 2024CR. MISC./2726/2024

Case brief

AI extract

What is this about?

Regular bail rejected; rape of mentally ill victim who became pregnant; Section 376 IPC read with section 4/6 POCSO Act; Bihta P.S. Case No. 1401 of 2022; Special Case No.37 of 2023; sole accused in custody since 04.01.2023; earlier bail application dismissed as withdrawn on 11.10.2023 (Cr. Misc. No.52352 of 2023); trial before ADJ-VII-cum-Special Judge (POCSO), Patna; Patna High Court; Justice Dr. Anshuman; decision dated 03-04-2024.

What did the court decide?

On the present facts and circumstances, the Court was not inclined to grant regular bail and accordingly rejected the petitioner's prayer for regular bail in connection with Special Case No.37 of 2023 arising out of Bihta P.S. Case No. 1401 of 2022. ¶20

Chandeswar Das Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2726 of 2024

¶2

Arising Out of PS. Case No.-1401 Year-2022 Thana- BIHTA District- Patna

¶3

======================================================

¶4

Chandeswar Das S/O Champa Das R/O Pandey Chak, P.S- Bihta, Distt.Patna.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Paswan, Adv. For the Opposite Party/s : Mr. Bharat Bhushan, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

¶11

3 03-04-2024

¶12

Heard learned counsel for the petitioner and learned

¶13

A.P.P. for the State.

¶14

The petitioner seeks regular bail in connection with Special Case No.37 of 2023 arising out of Bihta P.S. Case No. 1401 of 2022, lodged on 29.12.2022 under Section 376 of the Indian Penal Code read with section 4/6 of the POCSO Act.

¶15

As per the prosecution case, the FIR has been lodged against the sole petitioner. The allegation against the present petitioner is that he has committed rape with the informant’s daughter who is mentally ill and upon committed rape several times, the victim become pregnant.

¶16

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the criminal antecedent of the petitioner is

¶17

Patna High Court CR. MISC. No.2726 of 2024(3) dt.03-04-2024 2/2

¶18

clean and he is in custody since 04.01.2023. Counsel further submits that the bail application of the present petitioner was earlier dismissed as withdrawn vide order dated 11.10.2023 passed in Cr. Misc. No.52352 of 2023.

¶19

Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner has commit rape with a mentally ill girl and it is a very heinous allegation.

¶20

In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

¶21

Accordingly, the prayer for regular bail of the petitioner in connection with Special Case No.37 of 2023 arising out of Bihta P.S. Case No. 1401 of 2022, pending before the learned Additional District & Sessions Judge-VII-cumSpecial Judge (POCSO), Patna is hereby rejected.

¶22

(Dr. Anshuman, J.)

¶23

Divyansh/-

¶24

U T

Chandeswar Das v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Chandeswar Das v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Senti Kumar Vs The State of Bihar

Suchit Kumar @ Sujit Kumar Vs the State of Bihar

Sunny Kumar @ Sanny Sahni Vs The State of Bihar

Ravish Kumar Vs The State of Bihar

Md. Javed Vs the State of Bihar

Akshay Kumar @ Akshay Kumar Rai Vs The State of Bihar