Subhash Khalifa @ Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10091 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- BALIYA District- Begusarai ====================================================== SUBHASH KHALIFA @ SUBHASH KUMAR Son of Vakil Khalifa @ Vakil Yadav R/v- Mathurapur, Ward No. 1, Lakhminia, P.S.- Balia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv Mr. Pushpendra Kumar Singh For the Opposite Party/s:

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Baliya P.S. Case No.340 of 2022, registered for the offence punishable under Sections 346, 370, 370(A), 371, 372, 373, 376, 120(B) of the Indian Penal Code, Sections 3, 5, 6, 7, 8 of Immoral Traffic Act, Section 4, 5, 12, 17 of the POCSO and Sections 75, 79 of the Juvenile Justice Act. The allegation against the petitioner is that he along with other co-accused persons brought minor girls for the purpose of prostitution.

It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.10091 of 2023(3) dt.11-07-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is not indulged in the activities of immoral traffic but due to annoyance of the local police, the petitioner has been dragged in the present case. He submits that the victim has not supported the prosecution case in her statement recorded under Section 164 of Cr.PC. He further submits that, as per the medical officer the age of the victim is about 19 to 20 years. Petitioner has two criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case as well as the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T