Petitioner, already in custody for rape and child sexual offences, sought bail after charge framing following its earlier refusal. The High Court granted bail on surrendering sureties and maintaining physical presence.
Petitioner directed to be released on bail of Rs. 10,000 with two sureties of like amount, provided one is a close family member.
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.27849 of 2018
Arising Out of PS. Case No.-133 Year-2017 Thana- BAHADURPUR District- Darbhanga
======================================================
Md. Hasnain, son of Late Md. Soyeb @ Md. Soheb, resident of VillagePremjeeber, P.S. Bahadurpur, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Sri Bharat Bhushan ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 09-05-2018
Heard learned counsel for the petitioner and the
learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Bahadurpur (Fekla O.P.) P.S. Case No.133 of 2017, registered under Sections 376/511 of the Indian Penal Code as well as under Sections 4/6 of the POCSO Act, 2012.
Earlier the prayer of bail of the petitioner was refused by this Court on 10.01.2018 with an observation to renew the prayer of bail after framing of charge. Now the charge has been framed.
Having considered the aforesaid facts and circumstances, petitioner Md. Hasnain is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court Cr.Misc. No.27849 of 2018(2) dt.09-05-2018 2/2
learned 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Darbhanga in connection with Bahadurpur (Fekla O.P.) P.S. Case No.133 of 2017 with following conditions:
(1) One of the bailors must be the close family member of the petitioner.
(2) The petitioner shall remain physically present on each and every date before the trial court as and when required and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled.
(Arun Kumar, J)
S.KUMAR/-
U T
3 issues framed by the court
Whether the petitioner seeking bail in a POCSO case after charge framing should be released on bail.
Whether the petitioner is entitled to release on bail subject to specific conditions regarding presence and sureties.
If bail was previously refused pending charge framing, whether it should be granted now that the charge has been framed.
2 provisions across 2 enactments
Md. Hasnain
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
