Patna High CourtCR. MISC./6988/2023bail granted

Kursha @ Kursha Khatoon @ Kuresha Khatoon v. The State Of Bihar

2023-05-03Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6988 of 2023 Arising Out of PS. Case No.-115 Year-2022 Thana- RAUTA District- Purnia ====================================================== Kursha @ Kursha Khatoon @ Kuresha Khatoon, wife of Munna Resident of Village- Sarifganj, P.S.- Rauta, District- Rauta ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party :

Mr. Arun Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 03-05-2023 Learned counsel for the petitioner seeks permission to make necessary correction in the the Act, which is mentioned in paragraph 1 of the petition in course of the day.

2. Permission is granted.

3. Heard learned counsel for the petitioner and learned A.P.P. for the State.

4. The petitioner seeks bail in connection with Rauta P.S. Case No. 115 of 2022 dated 21.08.2022, instituted for the offence punishable under Sections 341, 342, 365, 366(9), 367, 370, 370(a), 371, 376, 120(B) and 34 of the Indian Penal Code and Sections 3, 4, 5, 6, 7 and 9 of the Immoral Trafficking Act.

5. As per the prosecution case, petitioner along with her husband are alleged to have engaged the informant for sexual exploitation / prostitution.

6. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.6988 of 2023(2) dt.03-05-2023 2/2 petitioner is innocent and she is falsely implicated in this case. It is further submitted that the informant is major and statement recorded under Section 164 Cr.P.C., she has not supported the prosecution case. Further, it is submitted that another co-accused, namely, Munna has already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 11.04.2023 passed in Criminal Miscellaneous No. 6158 of 2023. Lastly, it has been submitted that the petitioner is in custody since 22.08.2022 having no criminal antecedents and chargesheet has been submitted in the case.

7. Learned A.P.P. has opposed the prayer for bail of the petitioner.

8. Having considered the facts and circumstances of the case and the fact that similarly situated co-accused has already been granted bail, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia in Rauta P.S. Case No. 115 of 2022.

(Khatim Reza, J) Gaurav Kumar/- U