In a criminal miscellaneous application for regular bail pending a POCSO case and related IPC offences, the Patna High Court allowed the petitioner's bail, citing the grant of similar bail to a co-accused in a comparable scenario.
Petitioner to be released on bail by furnishing a bond of Rs. 10,000/- with two sureties of the like amount.
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.61888 of 2018
Arising Out of PS. Case No.-51 Year-2018 Thana- AKBARPUR District- Nawada
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Ashok Chaudhary son of Kamal Chaudhary Resident of Village-Parto KARHARI, Police Station-Akbarpur,District-Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
2 06-10-2018
Heard learned counsel for the parties.
This application for regular bail arises out of Spl (P) 14/18 (POCSO-05/18) arising out of Akbarpur P.S. Case No. 51/2018 for the offences under Section 147, 148, 149, 323, 324, 307, 337, 354, 379, 427, 504, 506 of the Indian Penal Code and Section 4 of the POCSO Act, 2012.
There are 25 persons named in the First Information Report. Allegedly, the offence was committed by 50 persons.
Learned counsel for the petitioner submits that there is counter case in respect of the same occurrence. He has also submitted that in similar circumstance, the other co-accused, namely, Mundrika Chaudhary, has been granted regular bail by this Court by order dated 20.09.2018 passed in Cr. Misc. No.
Patna High Court Cr.Misc. No.61888 of 2018(2) dt.06-10-2018 2/2
55467 of 2018.
Considering the above submission, this application is
allowed.
Let the petitioner above named 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 the learned Additional Sessions Judge-I, Nawada, in Spl (P) 14/18 (POCSO-05/18) arising out of Akbarpur P.S. Case No. 51/2018.
(Chakradhari Sharan Singh, J)
Pawan/Ragini
U T
2 issues framed by the court
Whether the petitioner should be granted regular bail in offences under the POCSO Act and IPC.
Whether the grant of bail to a co-accused in similar circumstances is a relevant factor.
Colour shows how this judgement treated each authority
Cr. Misc. No. 55467 of 2018Referred¶17
Ashok Chaudhary
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
