Birendra Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64508 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== 1.

Birendra Bhuiyan, Son of Ram Prit Rikiyasan, Resident of Villagebhuiyandih, P.S.- Aamas, District- Gaya. 2.

Raj Kumar Bhuiyan, Son of Awadhesh Bhuiyan, Resident of VillageKanchanpur, P.S.- Madanpur, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Purushotam Sharma For the Opposite Party/s :

Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-12-2019 Petitioners seek regular bail in connection with Madanpur P. S. Case No. 138 of 2019, registered for the offence punishable under Sections 363, 366(A) of IPC and Section 66E, 67 (A) (B) of Information Technology Act, old Section 12 of POCSO Act.

As per F.I.R. the daughter of the informant was enticed away by petitioners and other accused persons. Later on, he received one obscene video on Whatsup from the number of the petitioners.

Submission of the learned counsel for the petitioners is that as a matter of fact, the victim girl has fled away with one Siw Kumar and the trial is going on, in which, she has deposed

Patna High Court CR. MISC. No.64508 of 2019(4) dt.17-12-2019 2/2 as such. Petitioners are in custody for more than five months. They are ready to abide by any condition imposed on them. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioners above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge (POCSO), Aurangabad, in connection with Madanpur P. S. Case No. 138 of 2019, subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the court concerned with condition to co-operate in disposal of the trial and appear as and when required, otherwise their bail bonds shall be cancelled. (Vinod Kumar Sinha, J) Sunil Shukla/- U T