The High Court at Patna granted bail to the petitioner, who is on prolonged custody, in a delayed POCSO and IPC case. The court ordered release on a bail bond with two sureties.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000/- with two sureties.
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.5200 of 2022
Arising Out of PS. Case No.-215 Year-2019 Thana- BAKHTIARPUR District- Saharsa
======================================================
Shiva Kumar @ Shiva Mukhiya @ Shiva Kumar Mukhiya Son of Chano MuKhiya Resident of Village- Itahara, P.S.- Sour Bazar, District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 12-12-2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No. 215 of 2019 registered for the offence under Section 363, 366(A)/34 and 376(B A) of the Indian Penal Code and Section 4 of the POCSO Act.
The accused/petitioner is not named in the F.I.R. and is in custody since 23.09.2020.
The allegation against the petitioner is to kidnap the minor daughter of informant, aged about 14 years, alongwith other co-accused persons for the purpose of illicit intercourse, whereafter kidnapping, victim was kept in confinement in
Patna High Court CR. MISC. No.5200 of 2022(3) dt.12-12-2022 2/3
Punjab for two months, where rape was committed upon victim by co-accused persons on several occasions.
Learned counsel appearing on behalf of the petitioner submitted that this is the second bail petition as placed by this petitioner, as the earlier bail petition of the petitioner was rejected by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 3403 of 2021 vide order dated 26.05.2021, with a direction to the learned Trial Court to expedite the trial. It is also submitted that even under POCSO Act, 2012 through Section 35(2) of the Act, the trial is likely to be concluded within a year from the date of taking cognizance in the matter. It is also submitted that trial is yet to conclude and certainly for indefinite period of time, petitioner cannot be kept behind the bar. It is also submitted that the similarly situated co-accused persons has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 27294 of 2021 vide order dated 13.12.2021. It is also submitted that there is no allegation against this petitioner, as regard to sexual assault, as per statement of victim recorded under Section 164 of the Cr.P.C.
Learned APP, while opposing the prayer of bail fairly conceded the fact that trial is yet to conclude in this matter.
Patna High Court CR. MISC. No.5200 of 2022(3) dt.12-12-2022 3/3
Considering the facts and circumstances as mentioned above, as petitioner is in custody since 23.09.2020, where trial is not likely to conclude in near future, let the petitioner, above named, is directed to be released on bail in connection with Bakhtiyarpur P.S. Case No. 215 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act, Saharsa/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
Archana/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving kidnapping and rape of a minor before POCSO Act, 2012, where the trial is delayed.
5 provisions across 3 enactments
Shiva Kumar @ Shiva Mukhiya @ Shiva Kumar Mukhiya
The State of Bihar
CHANDRA SHEKHAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
