Patna High CourtCR. MISC./60872/2019allowed

Phulendra Bind @ Phulender Bind v. The State Of Bihar

2019-09-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60872 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- BANDEYA District- Aurangabad ====================================================== Phulendra Bind @ Phulender Bind S/o Late Bharath Bind Resident of Village- Shekhpura, P.S.- Bandeya, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with G.R. No. 45 of 2019 arising out of Bandeya P.S. Case No. 16 of 2019 for the offence under sections 354, 354(A), 354(B), 341, 323, 34 of the Indian Penal Code and Section 8 of Pocso Act. Learned counsel for the petitioner would submit that petitioner has no criminal antecedent.

Allegation against this petitioner is that he tried to take the informant towards 'Dargah' by covering her mouth. Learned counsel for the petitioner submits that it is alleged that on screaming for help, father and mother of the informant came and rescued her. Thereafter, Umesh Bind and Bhola Bind assaulted the informant and her father.

Patna High Court CR. MISC. No.60872 of 2019(2) dt.27-09-2019 2/2 The petitioner is in custody since 11.8.2019. Learned counsel submits that there is land dispute between the parties and they are local residents. Considering the fact that petitioner and informant are residents of the same locality and there is land dispute between the parties, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge (Pocso), Aurangabad, in connection with G.R. No. 45/2019 arising out of Bandeya P.S. Case No. 16 of 2019 subject to the condition that the bailors should be female of the locality. (Anil Kumar Upadhyay, J) Ravi/- U T