Md. Ayub v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12278 of 2015 Arising Out of PS.Case No. -134 Year- 2014 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Bhulur Mian @ Maniruddin Son of Late Sital Mian Resident of VillageBaghla Mtkuriy, P.S.-Triveniganj, District-Supaul. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.19085 of 2015 Arising Out of PS.Case No. -134 Year- 2014 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Md. Ayub, son of Late Aliyas Mian, resident of Village- Matkuria, Police Station- Triveniganj, District- Supaul.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.12278 of 2015) For the Petitioner/s : Mr. Sanjeev Verma For the Opposite Party/s : Mr. Shantanu Kumar (App) (In Cr.Misc. No.19085 of 2015) For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-05-2015 Heard learned counsel for the petitioners and learned counsel for the State.
Petitioners, namely, Bhulur Mian @ Maniruddin (in Cr. Misc. No. 12278 of 2015) and Md. Ayub (in Cr. Misc. No. 19085 of 2015) are in custody since 28.10.2014 and 22.10.2014 respectively in connection with Triveniganj P.S. Case No. 134 of
2014 for the offence registered under Sections 420, 372/34 of the Indian Penal Code and Section 3⁄4 of the Immoral Traffic (Prevention) Act.
Learned counsel for the petitioners submits the present first information report was instituted on the basis of written report dated 19.07.2014 which was registered on 21.07.2014, in which, Sabila Khatoon alleged that these petitioners lured the girl and took her away on the pretext of giving job and she was taken to Patna, and thereafter, to Delhi where she was allegedly sold and handed over to one Hasmul Khatoon, who inducted her into flesh trade. The further allegation has been made by the said Sabila Khatoon is that thereafter, she was sold to another person to participate in immoral traffic from where, she managed to escape and came to her village on 05.07.2014.
Learned counsel for the petitioners further submits that though she returned on 05.07.2014 and the first information report was instituted after much delay, from which, it is obvious that the same was lodged after careful deliberations only to implicate some persons who had participated in the Panchayat with regard to a case which has been instituted against her for some stolen property and escaped from the house of one Md.
Kasim. It is further submitted that no plausible explanation has been offered by the informant as to why she did not report the matter soon after her return to the village. It is further submitted that they are respectful villagers and have been falsely implicated in the case and have been in custody for almost 7 months as on date.
Considering the aforementioned submissions and also the fact that the petitioners have no criminal antecedents, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Triveniganj P.S. Case No. 134 of 2014. (Anjana Mishra, J) Jagdish/- U