Bail petition rejected for two accused in a case involving the sexual assault of a 3-4 year old child. The court considered the heinous nature of the offence, the medical report indicating penetrative sexual assault, and the confession of a co-accused, directing the trial court to conclude proceedings at the earliest.
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.64758 of 2024
Arising Out of PS. Case No.-112 Year-2024 Thana- GAYA RAIL P.S. District- Gaya
======================================================
... ... Petitioners
Versus
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr.Kamal Kumar Sinha For the Opposite Party/s : Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
4 17-12-2024
Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Gaya Rail R.P.F P.S. Case No. 112/2024 dated 04.06.2024 registered for the offence punishable u/s 376AB of the Indian Penal Code and Section 4 of the POCSO Act.
3. As per the prosecution case, on 03.06.2024 the informant has gone to Gaya Railway station for his destination, Patna. He along with his wife and two children was on the
Patna High Court CR. MISC. No.64758 of 2024(4) dt.17-12-2024 2/3
platform no. 2 in Gaya Railway Station. On 04.06.2024 at 2.30 A.M. when awoke, he did not find his daughter aged about 4 years, then he started searching for her. After searching for a considerable time, he informed the railway police who instantly checked the CCTV cameras where it was found that one unknown person had taken away his daughter on south side of the platform no. 2. The rail staff made a search for his daughter and ultimately she was found on the platform no. 7. where her private part was profusely bleeding. The informant has alleged that some unknown miscreants are alleged to have committed rape on the minor daughter of the informant.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R. The name of the petitioners have sprung up in the confessional statement of the co-accused, Guddu Manjhi. The petitioners were not put on T.I. Parade. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 08.06.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners by submitting that during investigation with the help of CCTV and spy the photo
Patna High Court CR. MISC. No.64758 of 2024(4) dt.17-12-2024 3/3
in the CCTV was matched, then Guddu Manjhi was arrested who confessed his guilt and disclosed the name of the petitioners in the crime alleged. As per the Medical Report, there is definite sign of penetrative sexual assault and the age of the victim is assessed as 3-4 years.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioners, this Court is not inclined to grant bail to the petitioners and the same is rejected in connection with Gaya Rail R.P.F P.S. Case No. 112/2024 pending in the court of learned Add. Sessions Judge-VIth-cum-Special Judge of POCSO Act, Gaya.
7. Learned court below is directed to conclude the trial of the petitioners at the earliest.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether the petitioners are entitled to regular bail in connection with an offence punishable under Section 376AB IPC and Section 4 POCSO Act?
2 provisions across 2 enactments
Niraj Manjhi
Gautam Manjhi
The State of Bihar
Sanjeet Kumar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
