Anil Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12005 of 2019 Arising Out of PS. Case No.-102 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== ANIL BHUIYAN son of Basudeo Bhiyan @ Vasudeo Bhuiya Resident of Village- Guriya Pakari, P.S.- Imamganj, District- Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2019 This case has been listed before this Court as per minutes of Hon'ble the Chief Justice.

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

The petitioner seeks bail in POCSO Case No. 76/2018, arising out of Imamganj P.S. Case No. 102/2018, instituted for offences under Sections 376(D), 376(B), 376(DA) of the Indian Penal Code read with Sections 4 and 6 of POCSO Act.

It is alleged in the written report that informant had gone for call of nature. When she returned, she did not find her daughter Laximini Kumari. Thereafter she made search but did not find her daughter. It is alleged that daughter of informant came near the house at 2 A.M. in the night and was weeping.

Patna High Court CR. MISC. No.12005 of 2019(5) dt.31-07-2019 2/3 Informant found white liquid in the private part of her daughter. She brought her daughter in the house. She went to the house of her neighbours in the next morning. She told them that her daughter was taken by this petitioner and Timan Bhuiyan. They have committed illegal act with her daughter. It is alleged that daughter of informant is mentally retarded.

Case diary has been received.

In the entire case diary there is no mention of statement of victim recorded under Section 164 Cr.P.C. Learned counsel for the petitioner has submitted that informant is not eye-witness of the occurrence. Statement of other witnesses have been recorded. Victim has been medically examined in which Doctor has found no sign of recent sexual intercourse.

Petitioner is in custody since 24.07.2018.

Considering the aforesaid facts and circumstances, 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 learned Addl. Sessions Judge 1st-cum-Special Judge, POCSO Act, Gaya, in connection with Imamganj P.S. Case No. 102/2018, subject to the

Patna High Court CR. MISC. No.12005 of 2019(5) dt.31-07-2019 3/3 conditions that (I) both the bailors shall be the close relative of the petitioner.

(II) Petitioner shall be present on each and every date fixed by the court and absence on two consecutive dates without valid reason will result in cancellation of bail bond of the petitioner and (III) if petitioner tamper with the evidence in the case, prosecution will be at liberty to move for cancellation of bail bond of the petitioner.

(Sanjay Priya, J) rakhi/- U T