Bhukhal Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.5714 of 2015 (4) dt.28-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5714 of 2015 Arising Out of PS.Case No. -79 Year- 2014 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhukhal Ram son of Late Gulzar Ram resident of village - Bhitiharwa, P.S. - Gaunaha, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51529 of 2014 Arising Out of PS.Case No. -79 Year- 2014 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sk. Lal Babu son of Sk. Zimdar Resident of village - Bastha, Police Station Mainatand, District - West Champaran .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.5714 of 2015) For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Aditya Nr. Singh No.1(App) (In Cr.Misc. No.51529 of 2014) For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 28.04.2015 Both the above stated petitions arise out of Gaunaha P.S. Case no. 79/2014 registered under sections 366A, 370A, 372, 373 of the Indian Penal Code, sections 7, 11 of the POSCO Act, section 5 of Immoral Traffic (Prevention) Act and accordingly, both the above stated petitions are being disposed of by this common order.

Patna High Court Cr.Misc. No.5714 of 2015 (4) dt.28-04-2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Statement of the victim has been recorded under section 164 Cr.P.C in which she, specifically, stated that she worked along with the petitioner in Cr. Misc. no. 5714/2015 for near about two years and furthermore, informant has admitted in his written report that five years prior to institution of the present case, mother of the petitioner in Cr. Misc. no. 51529/2014 had brought her to her home where she worked as maid servant and thereafter, petitioner in Cr. Misc. no. 51529/2014 sold him to the petitioner in Cr. Misc. no. 5714/2015. It is contended on behalf of the petitioners that, as a matter of fact, victim was employed by the petitioner in Cr. Misc. no. 5714/2015 for dance and some dispute arose between informant and the petitioners as a result for which informant lodged this case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge I, West Champaran at Bettiah in Gaunaha P.S. Case no. 79/2014.