Sunil Kumar Yadav @ Sunil Yadav @ Sunil Kr. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8004 of 2024 Arising Out of PS. Case No.-677 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Sunil Kumar Yadav @ Sunil Yadav @ Sunil Kr. S/O Vindeshwar Rai @ Bindeshwar Ray Resident Of Village-Joka (Tandaspur), P.S.-Bathnaha, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offences punishable under Sections 366(A), 363, 365, 370, 372, 373, 376, 120(B) of the Indian Penal Code and Sections 3, 4, 5 and 6 of the Prevention of Immoral Trafficking Act and Sections 4, 8 and 12 of the POCSO Act. As per allegation in the FIR, petitioner in connivance with other accused persons are indulged in immoral trafficking. On 30.08.2023, Mini Taj Hotel was

Patna High Court CR. MISC. No.8004 of 2024(2) dt.17-02-2024 2/3 surrounded by the police and a raid was conducted in the hotel's room from which three male accused persons including the petitioner and one girl were arrested. Victim girl came out from the room in weeping position and disclosed to the police that she was forced by the petitioner and other accused persons or prostitution. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is general and omnibus allegation against the petitioner and other accused persons. No objectionable or illegal article was recovered either from the petitioner or from the hotel's room. It is mentioned in the impugned order that statement of the victim girl was recorded u/s 164 Cr.P.C. wherein she has not supported the prosecution case as alleged in the FIR. The petitioner is languishing in judicial custody since 31.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has

Patna High Court CR. MISC. No.8004 of 2024(2) dt.17-02-2024 3/3 opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Act, Sitamarhi in connection with Sitamarhi (Mehsaul O.P) PS Case No. 677 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T