The High Court enlarged the petitioner on bail in a POCSO case after charge-framing, considering the prior liberty to renew prayer following charge-framing and duration of custody.
Petitioner enlarged on bail with bond of Rs. 10,000 and two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26498 of 2022
Arising Out of PS. Case No.-453 Year-2020 Thana- PURNEA SADAR District- Purnia
======================================================
BARUD KUMAR URAWN @ BARDA URAWN Son of Suren Urawn Resident of Village - Birpur, P.S.- Muffasil, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 06-07-2022 Heard learned counsel for the parties.
The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 363, 366A and 34 of the Indian Penal Code .
It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 24.3.2022 (Annexure-1) passed in Cr. Misc. no. 43668 of 2021 giving liberty to the petitioner to renew his prayer for bail after framing of charge
Referring to the order dated 6.10.2021 (Annexure-3) it is submitted that charge has been framed against the petitioner under sections 365 and 34 of the Indian Penal Code in Special Case no. 14 of 2021 by the learned Additional Sessions Judge VI – cum Special Judge, POCSO Act, Purnea. The petitioner is
Patna High Court CR. MISC. No.26498 of 2022(2) dt.06-07-2022 2/2
in custody since 10.3.2021 and has no criminal antecedent.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the liberty granted by the earlier order of rejection, charge having been framed together with the petitioner having remained in custody for over 1 year, the petitioner is directed to be enlarged on bail in connection with Special (POCSO) Case no. 14 of 2021 (arising out of Sadar P.S. Case no. 453 of 2020) on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI – cum Special Judge POCSO Act, Purnea.
(Partha Sarthy, J)
Spd/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail after charge-framing in a POCSO case where he has been in custody for over one year.
Barud Kumar Urawn @ Barda Urawn
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
