In a bail application regarding a POCSO case fixed for evidence, the High Court directed adherence to POCSO Act provisions during trial and directed issuance of a bailable warrant for any prosecution delay due to instructions to the trial court.
Direction to adhere to POCSO Act; bailable warrant for delay; oral order disposing the bail application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33766 of 2022
Arising Out of PS. Case No.-188 Year-2020 Thana- DAGARUA District- Purnia
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MD. AKHTAR, Son of Jalil Resident of Village - Parbheli, P.O.- and P.S.Kadwa, Distt.- Katihar.
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr.Pravin Chandra Prasad, Advocate For the Opposite Party/s : Mr.Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
It is submitted on behalf of the petitioner that the
prayer for grant of bail to the petitioner was disposed of vide order dated 28.01.2022 passed in Criminal Miscellaneous No. 22882 of 2021 and by filing the present bail application, he has renewed the prayer for bail.
It is informed by the learned Additional District & Sessions Judge-VII-cum- Spl. Judge, POCSO, Purnea, vide his letter No. 341/2022, dated 29.08.2022, that the case of the petitioner is fixed for evidence.
In such circumstances, the learned Court below is directed to adhere with the provisions of Protection of Children
Patna High Court CR. MISC. No.33766 of 2022(4) dt.07-12-2022 2/2
from Sexual Offences Act in conduct of the trial and for any delay caused by the prosecution, bailable warrant be issued against them so that the trial is not delayed, further, if the trial of the petitioner is not completed within a period of nine months, the petitioner, if so advised, may renew his prayer for bail.
With the above observations and directions, the application filed on behalf of the petitioner is disposed of.
(Purnendu Singh, J)
manish/-
U T
3 issues framed by the court
Whether to grant bail in a child sexual offence case fixed for evidence.
Whether to direct adherence to POCSO Act provisions during trial.
Whether to direct issuance of bailable warrant for trial delay.
Md. Akhtar
State of Bihar
Rozy Khatoon
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
