Single bench order granting bail to the petitioner accused of offences under multiple statutes including PoCSO, with conditions regarding antecedents and appearance in court.
Petitioner released on bail on furnishing a 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.14226 of 2022
Arising Out of PS. Case No.-361 Year-2021 Thana- BALIYA District- Begusarai
======================================================
Santosh Kumar Son Of Sri Ram Paswan R/O Village- Bachchwara, P.S.Bachchwara, District- Begusarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s : Mr.Nagendra Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 14-07-2022 Heard counsel for the parties.
The petitioner is in custody in connection with
Baliya P.S. Case No. 361 of 2021 under sections 346, 366, 367, 370, 370A, 371, 372, 373, 376, 120B, 34 of the Indian Penal Code and section 3, 5, 6, 7 and 8 of Immoral Traffic Act, section 4, 6, 12 and 17 of POCSO Act and section 75/79 of Juvenile Justice Act.
The allegation amongst other the petitioner is that during the raid in the house of Iswar Kalifa, upon search, when the room was opened, the petitioner along with a minor lady was found there. Accordingly, along with other accused persons, he was also taken into custody and he is in jail since then.
Patna High Court CR. MISC. No.14226 of 2022(2) dt.14-07-2022 2/3
Considering the fact that the petitioner is not having any criminal antecedent as claimed by him in the bail application in its para-3, as also the fact that charge-sheet stands submitted and he is in custody since 4.11.2021 (as stated in para-14 of the bail application), this Court is inclined to grant him the privilege of bail. However, if it is found that the petitioner do have any criminal antecedent, this bail order shall become invalid, inasmuch as, no bail shall be granted to him.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge 6th cum Special Court POCSO Act, Begusarai, in connection with Baliya P.S. Case No. 361 of 2021 subject to the following conditions:
(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
Patna High Court CR. MISC. No.14226 of 2022(2) dt.14-07-2022 3/3
(iii) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail
application is allowed.
(Rajiv Roy, J)
Ravi/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner accused of offences under the PoCSO, Immoral Traffic and Juvenile Justice Acts.
4 provisions across 4 enactments
Santosh Kumar
The State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
