GUDDU KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for grant of bail to the petitioner, who is an accused in Raniganj Police Station Case No. 89 of 2019, registered initially under Sections 363, 365 and 366 (A) of the Indian Penal Code. Later on, Sections 302, 201 and 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, and Sections 3 (2) (va) of the SC and the ST (Prevention of Atrocities) Act, 1989, having been also added in the First Information Report.

(2.) The learned counsel for the petitioner Mr. Vivekanand Singh submitted that after institution of the said F.I.R., the police made investigation of the case and submitted Police Report/Charge Sheet on 29.05.2019, under Sections 302, 201 and 376 of the Indian Penal Code and Section 4 of the POCSO Act, 2012, and Sections 3 (2) (va) of the SC and ST (Prevention of Atrocities) Act, 1989, before the 1st Addl. Sessions Judge-cum-Spl. Judge (POCSO), Araria. Whereupon, the Spl. Court (POCSO) took cognizance of all the offences as being referred under the Police Report dated 29.05.2019. Thereafter, the matter is pending before the said court for further proceedings. The petitioner is under judicial custody of the Special Court, (POCSO), Araria.

(3.) It appears from the records of this case that on the basis of said Raniganj Police Station Case No. 89 of 2019, corresponding Spl. (POCSO) Case No. 11 of 2019 being instituted before the 1st Additional Sessions-cum-Special Judge (POCSO), Araria. The petitioner moved for grant of bail in Spl. (POCSO) Case No. 11 of 2019, which being rejected vide order dated 08.05.2019, passed by the 1st Additional Sessions-cum- Special Judge, Araria. Thereupon, the petitioner has moved before this Court for grant of bail in connection with the said case, filing the instant application.