Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42613 of 2019 Arising Out of PS. Case No.-209 Year-2018 Thana- BARHARIA District- Siwan ====================================================== RAJA KUMAR, Son of Achhelal Yadav, Resident of Village- Pachrukhiya Tola, P.S.- Barharia, District- Siwan ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghav Prasad For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 24-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in POCSO Trial Case No.103 of 2019 arising out of Barharia P.S. Case No.209 of 2018 instituted for the offence under Section(s) 354(a), 324, 506/34 & 307 Indian Penal Code and Section 12 of the POCSO Act. Prayer of the petitioner for bail was earlier rejected by this Court by order dated 11.12.2018 passed in Cr. Misc. No.66727 of 2018 with liberty to renew the prayer for bail after six months if trial is not concluded within aforesaid period. Counsel for the petitioner submits that it is a case of single blow. Petitioner is in custody since 11.07.2018. Report has been received from the Court below from which it appears that only two witnesses have been examined in
Patna High Court CR. MISC. No.42613 of 2019(3) dt.24-07-2019 2/2 the case.
It is mentioned in the earlier order that doctor has found stitched injury in front of lower part of neck which was opined to be dangerous to life.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge 1st cum Special Judge, POCSO Act, Siwan, in connection with POCSO Trial Case No.103 of 2019 arising out of Barharia P.S. Case No.209 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T