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Judgment
6 paragraphs · 385 wordsAnil Kumar Choudhary, J
Heard the parties.
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the B.N.S.S., 2023 with the prayer to quash and set aside order dated 20.12.2024 passed by the learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act and SC/ST Act Cases, Lohardaga in POCSO Case No. 43 of 2024 arising out of Lohardaga Mahila P.S. Case No. 17 of 2024 whereby and where under the learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act and SC/ST Act Cases, Lohardaga has directed to issue a bailable warrant against the petitioners who were the accused persons of the said case even though the summons directed to be issued to the petitioners vide order dated 13.12.2024 passed in the said Lohardaga Mahila P.S. Case No. 17 of 2024, was never served upon the petitioners nor the service report of the same has been received back by the learned trial court.
Learned counsel for the petitioners submits that after issuance of the bailable warrant against the petitioners, the petitioners filed A.B.P. No. 347 of 2025 in connection with POCSO Case No. 43 of 2024 but the same was rejected by the learned Additional Sessions Judge-I-cumSpecial Judge, POCSO Act Cases, Lohardaga on the ground that the second anticipatory bail petition is not maintainable after appearance of the petitioners. It is next submitted that the petitioners undertake to appear before the learned trial court on or before 16.02.2026 and are ready and willing to furnish fresh bail bond.
Considering the aforesaid facts, this Criminal Miscellaneous Petition is disposed of with the direction that in case, the petitioners appear before the learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act Cases, Lohardaga on or before 16.02.2026 and furnish fresh bail bond of Rs.25,000/- (Twenty Five Thousand rupees) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act Cases, Lohardaga, they shall be released on bail; but in case, the petitioners fail to appear before the learned Additional Sessions JudgeI-cum-Special Judge, POCSO Act Cases, Lohardaga on or before 16.02.2026, the learned Additional Sessions Judge-I-cum-Special Judge, POCSO Act Cases, Lohardaga is directed to take all coercive steps for their apprehension for facing the trial.
This Criminal Miscellaneous Petition is disposed of accordingly.