Patna High CourtCR. MISC./61741/2023bail granted

Anil Rishideo @ Anil Kumar Rishideo v. The State Of Bihar

2023-10-06Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61741 of 2023 Arising Out of PS. Case No.-92 Year-2021 Thana- MAHILA P.S. District- Araria ====================================================== Anil Rishideo @ Anil Kumar Rishideo Son of Fucho Rishideo @ Fochai Sada R/o vill - Bhadreshwar, ward no 02, P.S. - Jogbani (Bathnaha), Distt. - Araria ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kishore Bharti, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-10-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Special (POCSO) Case No. 06 of 2022 arising out of Mahila P.S. Case No. 92 of 2021 dated 11.07.2021, lodged under Sections 376-DA, 341, 323, 354-B, 504, 506/ 34 of the I.P.C. read with Section 4 of the POCSO Act.

4. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 31.08.2022 passed in Cr. Misc. No. 23277 of 2022 in which liberty was granted to him to renew his prayer for bail after six months of framing of charge.

Patna High Court CR. MISC. No.61741 of 2023(2) dt.06-10-2023 2/3

5. Learned counsel for the petitioner further submits that the charge has already been framed in this case on 23.02.2023 and six months have been lapsed.

6. Learned counsel for the State opposes the prayer for bail and submits that it is true that the charge has already been framed in this case.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special Judge, (POCSO) Act, Araria in connection with Special (POCSO) Case No. 06 of 2022 arising out of Mahila P.S. Case No. 92 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

Patna High Court CR. MISC. No.61741 of 2023(2) dt.06-10-2023 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

8. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T