This order grants bail to the petitioner in a POCSO case arising from alleged offences under IPC 376/34 and POCSO Section 4, allowing release after further attempts despite earlier rejection.
Petitioner released on bail of Rs. 10,000/- with two sureties to Additional Sessions Judge.
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.35773 of 2021
Arising Out of PS. Case No.-291 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua)
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Guddan Ram @ Babloo Ram Son of Munna Ram Resident of Village - Dugur Pura, P.S.- Ramgarh, Distt.- Kaimur at Bhahua.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rajani Kant Pandey For the Opposite Party/s : Mr.Choubey Jawahar ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4. 16-11-2021 Heard learned counsel for the parties.
This is 2nd attempt for grant of bail on behalf of petitioner in POCSO Reg.No. 54 of 2019, arising out of Ramgarh P.S. Case No. 291 of 2019, registered for the offence under Section 376/34 of the Indian Penal Code and Section 4 of the POCSO Act.
Earlier, vide order dated 13.07.2020 passed in Cr.Misc. No. 14029 of 2020, the prayer for bail of petitioner was rejected.
In this connection, report from the learned trial court has been received at flag ‘A’, which reveals that during trial four witness have already been examined.
Supplementary affidavit has also been filed on behalf of petitioner in order to bring on record deposition of witnesses and all the four witnesses, who have been examined, have not
Patna High Court CR. MISC. No.35773 of 2021(4) dt.16-11-2021 2/2
supported the prosecution case, even the victim, who was examined as P.W.2, has denied the prosecution case and she has disclosed her age before the trial court, as 19 years. Petitioner is in custody since 01.12.2020.
Considering the period of custody and stage of the trial, the bail petition of petitioner is allowed. Let the above named petitioner 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 Additional Sessions Judge 1st cum Special Judge, POCSO, Kaimur at Bhabua in connection with POCSO Reg.No. 54 of 2019, arising out of Ramgarh P.S. Case No. 291 of 2019.
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether bail should be granted despite earlier rejection considering the stage of trial and witness depositions.
3 provisions across 2 enactments
Guddan Ram @ Babloo Ram
The State Of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
