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Patna High CourtCR. MISC./9333/2023allowed

Manish Kumar @ Manish Singh v. The State Of Bihar

2023-05-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9333 of 2023 Arising Out of PS. Case No.-392 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== Manish Kumar @ Manish Singh Son Of Braj Kishore Singh Resident Of Village - Ward No.- 06, Rampur Gangauli, P.S.- Riga, District - Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 365, 366(A), 370, 370(A), 372, 373, 376, 120(B) of the Indian Penal Code, Sections 3, 4, 5, 6 of Immoral Trafficking Act, Section 4/6 of POCSO Act and Section 75, 79 of J.J. Act.

As per allegation in the FIR, the petitioner along with other co-accused persons are engaged with minor girls in illegal flesh trade and prostitution on the pretext

Patna High Court CR. MISC. No.9333 of 2023(2) dt.03-05-2023 2/3 of alluring money.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioner is not the owner of the alleged house and he has no concern with the alleged house rather his name has falsely been implicated due to personal grudge and vengeance. There is no independent witness of the alleged seizure. It is also submitted that petitioner is languishing in judicial custody since 25.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated several co-accused persons have been granted bail by different co-ordinate Benches of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.9333 of 2023(2) dt.03-05-2023 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dumra P.S. Case No. 392 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge VI, Sitamarhi.

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