Provisional bail was granted to an appellant in custody for a POCSO case to attend his daughter's marriage ceremony. The appellant was to surrender within ten days. A marriage card was submitted as context for the relief.
Granted provisional bail for ten days; appellant to surrender the next day after expiry and submit a surrender certificate.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.2123 of 2018
Arising Out of PS.Case No. -79 Year- 2016 Thana -MAHILA PS District- GAYA
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.... .... Appellant/s Versus 1. The State of Bihar. .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Ramakant Sharma, Sr. Adv. For the Respondent/s : Mr. Binay Krishna, Special P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
4 26-06-2018 Earlier the appeal of the appellant with regard to grant of regular bail has been rejected vide order dated 17.05.2017 passed in Cr. Appeal (SJ) No. 409 of 2017., however, the instant appeal has been filed for grant of provisional bail by the appellant, who is in custody in connection with POCSO Case No. 57 of 2016, arising out of Gaya Mahila P.S. Case No. 79/16, registered for offences punishable under Section 376 of the IPC, Section 4 of POCSO Act and Secton 3(i)(r)/3(i)(w), 3(2)(v) of SC/ST Act.
Submission of learned counsel for the appellant that the marriage of daughter of the appellant is going to be solemnized on 04.07.2018, in this connection, he has annexed the photocopy of marriage card as well as the certificate issued by the Ward Councilor, Ward No. 45 Gaya Municipal Corporation, Gaya,
Patna High Court CR. APP (SJ) No.2123 of 2018 (4) dt.26-06-2018
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which is at Annexure – 3 and prayed that he may be allowed provisional bail so that he might be able to attend the marriage ceremony of his daughter.
Heard learned A.P.P. also.
Considering the aforementioned facts and circumstances, this appeal is allowed, let the appellant above named, be released on provisional bail for a period of ten days from the date of his release, on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge cum Special Judge, Gaya in connection with POCSO Case No. 57 of 2016, arising out of Gaya Mahila P.S. Case No. 79/16, with condition that petitioner next day after expiry of ten days shall surrender before the concerned court below and shall submit a surrender certificate also, otherwise the court below shall take an appropriate step against the appellant.
(Vinod Kumar Sinha, J)
sunil/-
U T
1 issue framed by the court
Whether an appeal for provisional bail filed by an appellant in joint custody with the POCSO court for appearance at a marriage ceremony should be allowed.
3 provisions across 3 enactments
Sheo Kumar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
