Petitioner seeking bail in a POCSO case after custody since 2013, relying on age of victim and evidence collection. Court grants bail with bond and sureties on condition of appearance.
Ordering release on bail on execution of bond of Rs. 10,000/- with two sureties under specified conditions.
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.6095 of 2016
Arising Out of PS.Case No. -441 Year- 2013 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== 1. Bagar Sahani Son of Ram Baran Sahani, Resident of Village- Jhakhia, Police Station- Banjariya (Turkauliya), District- East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER
2 10-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with POCSO Case No. 4 of 2015 arising out of Turkaulia P.S. Case No. 441 of of 2013 registered for the offences punishable under Sections 363, 376(G), 120 (B)/34 of the Indian Penal Code and Section 6 of the POCSO Act.
The petitioner wants to renew the prayer of bail which was earlier thrice rejected in the light of observation made in the order dated 14.10.2015 and order dated 10.12.2014 passed in Criminal Misc. No. 46275 of 2015 and 48685 of 2015 on the ground that now the victim and the informant both have already been examined, the petitioner is suffering in custody since 17.8.2013, now there is no chance of tampering with prosecution evidence and as such the petitioner deserves sympathetic
Patna High Court Cr.Misc. No.6095 of 2016 (2) dt.10-02-2016
2/2
consideration as in near future the trial is not likely to be concluded to which learned A.P.P. fairly submits that now after examination of victim girl and the informant there is no chance of tampering with prosecution evidence.
In the facts and circumstance stated above, considering the period of detention of the petitioner and earlier observation, now the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned 1st Additional Sessions Judge, East Champaran, Motihari, in connection with POCSO Case No. 04 of 2015 arising out of Turkaulia P.S. Case No. 441 of 2013 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
siddharth/-
U T
1 issue framed by the court
Whether a bail petitioner, already in custody for a POCSO offence with rejected earlier bail prayers, deserves release when prosecution evidence is largely gathered.
4 provisions across 2 enactments
Bagar Sahani
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
