IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11527 of 2009 Dhiraj Kumar @ Dhiraj Kumar Sinha Son of Murlidhar Sinha, resident of Mohalla-Kalabganj-Mirjanhat, P.S. - Mojahidpur ------------- Petitioner Versus STATE OF BIHAR ----------- WITH Cr.Misc. No.11439 of 2009 Md.Rehan, Son of Md. Anwarul Haque Haque, resident of Mohalla- Shah Market, Khalifabagh, P.S. Kotwali,District- Bhagalpur ------------- Petitioner Versus THE STATE OF BIHAR ----------- WITH Cr.Misc. No.11646 of 2009 Sanjiv @ Sanjeev Kumar Singh, Son of Sri Raghunandan Prasad Singh, resident of Village-Kathail English More, P.S. Amarpur, District- Banka ------------------- Petitioner Versus STATE OF BIHAR ----------- WITH Cr.Misc. No.11744 of 2009 Amit Kumar Singh, Son of Bhola Prasad Singh, resident of Mohalla- Urdu Bazar, P.S. Kotwali, District-Bhagalpur --- Petitioner Versus STATE OF BIHAR ----------- For the petitioners: Mr.S.N.P.Sinha, Sr. Advocate (in Cr.Misc.No.11527 /2009), Mr. Ranjan Kumar Jha, Advocate (in Cr.Misc.No.11439 of 2009) Mr.Subodh Kumar Jha, Advocate ( in Cr.Misc.No.11646 of 2009), and Mr. Krishna Mohan, Advocat (in Cr.Misc.No.11744 of 2009) For the State : Mr.Jharkhandi Upadhaya, A.P.P. (in all cases) ----------- O R D E R - 2 - 3 19-05-2009 All these four cases have been heard together as they arise out of the same Bhagalpur Kotwali ( Adampur) P.S.Case no.62 of 2009 registered under Sections 293 and 294/34 I.P.C. and Section 67 of the Information Technology Act,2000( hereinafter referred to as “the I.T. Act”) and are being disposed of by this common order. The petitioner of Cr.Misc.No.11646 of 2009 is alleged to be the owner of the Internet Café and the other petitioners are said to have been found watching obscene cassettes in two cabines of a Cyber Café being run in the name and design of “Anshu Internet Café” and displaying their genitals to the girls present there in course of a raid by the police. So far as offences under Sections 293 and 294 I.P.C. are concerned they are bailable in nature. Section 67 of the I.T.Act provides for punishment for a term extending upto three years and with fine which may extend to five lakh rupees to first time offenders of publishing or transmitting or causing to be published or transmitted in the electronic form any material which is lascivious or appeals to the prurient interest etc. and also includes those who read, see or hear the matter contained or embodied therein. In the facts and circumstances of the case petitioners, namely, Dhiraj Kumar alias Dhiraj Kumar Sinha (Cr.Misc.No.11527 of 2009), Md. Rehan ( Cr.Misc.No.11439 of 2009), Sanjiv @ Sanjeev Kumar Singh (Cr.Misc.No.11646 of 2009) and Amit Kumar Singh (Cr.Misc.No.11744 of 2009), are directed to be released on bail on - 3 - each of them furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection Kotwali ( Adampur ) P.S. Case No.62 of 2009. NKS/- ( Abhijit Sinha, J )