Hon'ble Justice Anjana Mishra granted bail to the petitioner, a female accused involved in a POCSO case, allowing her release on furnishing a bond of Rs.10,000 and two sureties, noting that a similarly situated co-accused had already been granted bail.
Petitioner is 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.72086 of 2018
Arising Out of PS. Case No.-457 Year-2017 Thana- AGAMKUAN District- Patna
======================================================
Chhathia Devi, wife of Late Chariter Mahto @ Late Chalitar Mahto, resident of Mohalla- Bari Pahari, District Patna.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Mohan Kateryar, Advocate Mr. Satish Kumar Sinha, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
3 01-02-2019
Heard learned counsel for the petitioner and the
learned counsel appearing on behalf of the State.
The petitioner is in custody since 20.10.2017 in
connection with POCSO Case No.8 of 2018, arising out of Agam Kuan P.S. Case No.457 of 2017, registered for the offence under Sections 363, 370, 372, 376/34 of the Indian Penal Code and Section 4/6 of the POCSO Act.
Learned counsel for the petitioner submits that earlier the prayer for bail was rejected by this Court vide order dated 03.07.2018 passed in Cr.Misc. No.32856 of 2018 in view of the statement made by the victim girl under Section 164 Cr.P.C. The present application for renewing the prayer for bail has been made on account of the fact that two other similarly situated co-
Patna High Court Cr.Misc. No.72086 of 2018(3) dt.01-02-2019 2/2
accused persons, including one Puja Devi, who has been similarly named by the victim girl, has since been extended the privilege of regular bail vide order dated 22.06.2018 passed in Cr.Misc. No.18292 of 2018. It is further submitted that the present petitioner has got no other criminal antecedent and has remained in jail for over one year.
Considering the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on her 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, Patna, in connection with POCSO Case No.8 of 2018 arising out of Agam Kuan P.S. Case No.457 of 2017.
(Anjana Mishra, J)
PNM
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with the POCSO case after a similarly situated accused was granted bail.
Chhathia Devi
State Of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
