Abdul Jabbar @ Abdul Zabar Nut @ Zabar Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15665 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- ANGARH District- Purnia ====================================================== 1.

ABDUL JABBAR @ ABDUL ZABAR NUT @ ZABAR NUT Son of Late Abdul Nut Resident of Village- Angarh, P.S.- Angarh, District- Purnea. 2.

Nasima Begum Wife of Abdul Jabbar @ Abdul Zabar @ Zabar Nut Resident of Village- Angarh, P.S.- Angarh, District- Purnea. 3.

Rukshana Khatoon Wife of Md Abbas Resident of Village- Angarh, P.S.- Angarh, District- Purnea, Permanent resident of Village and P.S.- Forbesganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2021 Heard learned counsel for the petitioners and the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 341, 342, 371, 370(A), 372, 373, 376, 120(B) of the Indian Penal Code, Sections 3, 4, 5, 6, 7, 9 of the Immoral Traffic Act, Sections 75, 81, 84 of the J.J. Act, Sections 4 and 6 of the Protection of Children from Sexual Offenses Act, 2012.

As per the prosecution case, on secret information raid was conducted and six minor girls were apprehended and petitioners along with other accused persons are alleged to

Patna High Court CR. MISC. No.15665 of 2021(2) dt.07-07-2021 2/3 have kept them for prostitution.

Learned counsel for the petitioners submits that none of the victim girls has alleged anything against the petitioners in their section 164 CrPC statement. It is further submitted that the during course of examination the doctor has not found any sign of rape. Petitioners have got no criminal antecedent as stated in paragraph 3 of the bail petition. Petitioners are in custody since 30.10.2020. Several similarly situated co-accused have already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Misc.No. 11222/2021.

In the facts of the case, prayer for bail of the petitioners is allowed. Let the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VII, cum Special Judge, POCSO Act, Purnea in Angarh Police Station Case No. 21 of 2020/Special (POCSO) case no. 80 of 2020 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.15665 of 2021(2) dt.07-07-2021 3/3 reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T