The Court granted bail to the petitioner in POCSO/IPC offences where investigation was completed but the written report did not name him, noting doubts recorded in the case diary.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of 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.63899 of 2019
Arising Out of PS. Case No.-162 Year-2019 Thana- BHELDI District- Saran
======================================================
Rajesh Singh @ Rajesh Raj Son of Vimal Singh Resident of Village - Jhaua Patti, P.S.- Bheldi, District- Saran
... ... Petitioner/s
Versus The State of Bihar .. ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Rina Sinha, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
4 03-06-2020
Heard Ms. Rina Sinha, learned counsel appearing for
the petitioner as well as Dr. Indiwar Kumari, learned Additional Public Prosecutor for the State through video conferencing.
Petitioner seeks bail in connection with Bheldi P.S. Case No. 162/2019 registered for the offences punishable under Sections 376(D)/34 of the Indian Penal Code and 4 / 6/ 8 of POCSO Act.
Petitioner is in jail custody since 3.7.2019 and, admittedly, the investigation against him has already been completed. Petitioner is not named in the written report nor in the statement recorded under Section 164 of the Cr.P.C.. However, in course of investigation, the mother of victim vide paragraph 14 of the case diary expressed her doubt about the involvement of the petitioner. Admittedly, petitioner was not put on T.I. parade.
Patna High Court CR. MISC. No.63899 of 2019(4) dt.03-06-2020 2/2
Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 learned Addl. Sessions Judge, 1st - cum-Special Judge, POCSO, Saran/concerned court in connection with Sessions Trial No. 63/19 arising out of Bheldi P.S. Case No. 162/2019.
(Hemant Kumar Srivastava, J)
Spd/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in offences under Sections 376(D)/34 IPC and POCSO Act where investigations are completed and there are doubts about involvement recorded in case diary.
Whether the petitioner is a fit and proper person to be released on bail after investigation and absence of specific case against him in FIR/charge sheet.
Rajesh Singh @ Rajesh Raj
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
