Suresh Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28094 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -RUPASPUR District- PATNA ====================================================== Suresh Giri, Son of late Rajvanshi Giri Resident oif Village- Bairiya, P.S. Bairya, District- West Champaran, Bettiah.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Rupaspur P.S. Case No. 04 of 2016 (Special POCSO Case No. 02 of 2016) registered under Sections 323, 366A, 372, 373, 376/34 and 120-B of the Indian Penal Code, Section 3/4/5/6/7 of Immoral Traffic (Prevention) Act and Section 4/8/12 of the Prevention of Children from Sexual Offence Act. The accusation is that on receiving the secret information about flesh trade, the informant and other Police personnel raided the Flat No. 205 in Plutos apartment situated at Mahuabagh and two girls, namely, Neha and Muskan along with three boys, namely, Sanjeet Kumar, Brijesh Giri and Dilip Kumar @ Dipak were found in objectionable conditions. Thereafter, various objectionable articles were recovered from the place of occurrence. On enquiry, both girls told that on the

Patna High Court Cr.Misc. No.28094 of 2017 (3) dt.26-07-2017 2/2 pretext of providing job in factory petitioner sold them to one Dilip Kumar and both were kept in the flat belonging to one Karmu Yadav.

Learned counsel for the petitioner submits that petitioner is accused in three other cases out of which he has been released in two cases. The petitioner is in custody since 03.05.2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge (POCSO) cum-1st Addl. Sessions Judge, Patna in connection with Rupaspur P.S. Case No. 04 of 2016 (Special POCSO Case No. 02 of 2016). Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each and every date during the course of the trial. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. (Rajendra Kumar Mishra, J) manish/- U T