Bail application in a POCSO case alleging an objectionable photograph of a 13-year-old girl and pressure for physical relations. Considering previous enmity between the parties and the period of custody, the High Court granted regular bail on conditions including availability for interrogation and non-tampering.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41830 of 2024
Arising Out of PS. Case No.-262 Year-2022 Thana- MUFFASIL District- West Champaran
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Vivek Kumar S/O Bharat Sah R/O Vill- Purvi Kargahiya P.S.- Bettiah Muffasil Dist- West Champaran
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr.Rajendra Nath Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
3 19-07-2024
Heard learned counsel for the petitioner and learned APP for the State.
Patna High Court CR. MISC. No.41830 of 2024(3) dt.19-07-2024 2/4
establish physical relationship.
Patna High Court CR. MISC. No.41830 of 2024(3) dt.19-07-2024 3/4
directed to be released on bail on his furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Ld. Special Judge POCSO-cum-A.D.J.-VI, West Champaran at Bettiah, in connection with Bettiah Muffasil P.S. Case No. 262 of 2022 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedent other than the disclosed one, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting
Patna High Court CR. MISC. No.41830 of 2024(3) dt.19-07-2024 4/4
satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
(Jitendra Kumar, J)
S.Ali/ravishankar
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a POCSO case involving an objectionable photograph of the informant's minor daughter.
3 provisions across 3 enactments
Vivek Kumar
The State of Bihar
Gulten Mahto
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
