Santosh Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

Santosh Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to the petitioner on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each, to the satisfaction of the learned Additional District & Session Judge cum Exclusive Special Judge (POCSO), Sheikhpura, subject to cooperation in the trial and regular appearance personally or through his lawyer; violation of the undertaking would result in cancellation of the bail bonds.

Issue for consideration

Whether regular bail should be granted to the petitioner, Santosh Kumar, in custody since 05.08.2024 in connection with Shekhopur Sarai P.S. Case No. 11 of 2018 / POCSO Case No. 14 of 2021.

Ratio / Principle

On the counsel's submissions and opposition by the A.P.P., the application for regular bail was allowed on consideration of the facts and circumstances of the case and the period of custody.

Key takeaways

Bail ordered on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each, to the satisfaction of the learned Additional District & Session Judge cum Exclusive Special Judge (POCSO), Sheikhpura, subject to the conditions that the petitioner will cooperate in the trial and will appear regularly, personally or through his lawyer; any violation of the undertaking given by learned counsel for the petitioner would result in cancellation of the bail bonds.ratio¶21

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.75077 of 2024 (decided 23-10-2024, Sandeep Kumar, J.). Regular bail application of Santosh Kumar, in custody since 05.08.2024 in a case described as one of 'misuse of privilege of bail', connected with Shekhopur Sarai P.S. Case No. 11 of 2018 / POCSO Case No. 14 of 2021, registered for offences under Sections 354/354D, 509 of the Indian Penal Code, Section 8 of the POCSO Act and Sections 3(2)(Va), 3(r)(S)(w)(II) of the SC/ST Act, was allowed on consideration of the facts and circumstances of the case and the period of custody. Bail was ordered on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Additional District & Session Judge cum Exclusive Special Judge (POCSO), Sheikhpura, subject to the petitioner cooperating in the trial and appearing regularly personally or through his lawyer; violation of the undertaking would result in cancellation of the bail bonds. No precedent cases were engaged with by the court; the order rests solely on custody period and case circumstances.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75077 of 2024

Arising Out of PS. Case No.-11 Year-2018 Thana- SHEIKHOPUR SARAI DistrictSheikhpura

======================================================

Santosh Kumar S/o- Late Rajendra singh Village- jodhanbigha PsSheikhpura District- Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar

Neelu Kumari D/o- Vinay Rajak Village- Ambari PS- Sheikhpura DistrictSheikhpura

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar For the State : Mrs. Usha Kumari No. 1 ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 23-10-2024 Heard the learned counsel for the parties.

The petitioner seeks regular bail in connection with

Shekhopur Sarai P.S. Case No. 11 of 2018, POCSO Case No. 14 of 2021, registered for the offence under Sections 354/354D, 509 of the Indian Penal Code and section 8 of the POCSO Act and section 3(2)(Va), 3(r) (S) (w) (II) of the SC/ST Act.

In a case of misuse of privilege of bail, the petitioner is in custody since 05.08.2024.

Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner has clean antecedent.

Learned A.P.P. has vehemently opposed the prayer

Patna High Court CR. MISC. No.75077 of 2024(2) dt.23-10-2024 2/2

for bail.

Considering the facts and circumstances of the case and also considering the period of custody, this application for regular bail is allowed.

Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional District & Session Judge cum Exclusive Special Judge (POCSO), Sheikhpura in connection with Shekhopur Sarai P.S. Case No. 11 of 2018, POCSO Case No. 14 of 2021, subject to the condition that the petitioner will cooperate in the trial. He will appear regularly personally or through his lawyer. Any violation of the undertaking given by learned counsel for the petitioner would result in the cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J)

Ranjeet/-

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