Sohail Ali @ Sohail Raja v. The State Of Bihar
Case at a glance
Outcome
Bail refused
bail stands rejected
Provisions considered
- Indian Penal Code, 1860 ss. 323, 376, 506
- Protection of Children from Sexual Offences Act, 2012 ss. 4, 6
- Code of Criminal Procedure, 1973 s. 164
Judgment
====================================================== Appearance : Mr.Arbind Kumar Singh For the Petitioner/s : For the Opposite Party/s : Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 3 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 376, 506 of the Indian Penal Code and Sections 4/6 of the POCSO Act. As per FIR, the allegation against the petitioner is that he kidnapped minor daughter of the informant and took her to remote area and committed rape with her. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. He has got no criminal antecedent. It is further Patna High Court CR. MISC. No.43689 of 2023(3) dt.08-08-2023 submitted that the petitioner is languishing in judicial custody since 20.03.2023. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that victim is a minor girl and there is direct allegation of commission of rape levelled against the petitiner. As per statement of the victim recorded under Section 164 of the Cr.P.C., which is annexed with Case Diary, wherein she has stated that the petitioner abducted, assaulted and committed rape with her. Having heard the learned counsel for the parties and considering the fact that there is direct allegation against the petitioner of commission of rape with the informant’s minor daughter, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. The trial Court is directed to expedite the trial and conclude the same as soon as possible. (Sunil Kumar Panwar, J) Manishkumar/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: bail stands rejected
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 323, 376, 506; Protection of Children from Sexual Offences Act, 2012 — ss. 4, 6; Code of Criminal Procedure, 1973 — s. 164.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.