Kusum Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9185 of 2020 Arising Out of PS. Case No.-809 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== KUSUM DEVI, aged about 32 years, Female, W/o Gopal Nath Tiwary, Resident of Diptipur, Post- Pundat, P.S.- Orgova, Distt- Ranchi (Jharkhand) ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Akhauri Kamal Kishore Sahay, Advocate.

For the Opposite Party :

Mr. C.Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 372, 376, 354/34 of the IPC, 4, 18, 16 of POSCO Act, 3(i)(r)(w), 13(2)(v) of SC/ST Act and 5 of the Immoral Traffic Act.

The prosecution story, in brief, is that the victim no. 1 Karina Kumari used to live with her parents in the house of Rameshwar Pandit on rent where one Pradeep Sahni @ Amit Sahni and his wife Puja Kumari @ Neelam Kumari were also living in the said house. She met with Puja Kumari and told her that her parents used to beat her, then Puja Kumari assured her for providing job in Mall. She further alleged that after 3-4 days, victim no. 2, namely Komal Kumari aged 15 years also

Patna High Court CR. MISC. No.9185 of 2020(2) dt.05-03-2020 2/3 complained about the same grievance like Karina Kumari. Thereafter, both victims escaped from their house on 20.10.2019 and went at the house of Puja Kumari. After some days, they came to know that Puja Kumari and her husband were involved in the business of prostitution and Puja Kumari used to supply girl to different places and they provoked the victims to enter into the said flesh business and during their stay at her house, her husband molested them several times. She has further alleged that she was kept in the house of Sanjay Agarwal where Salma Khatoon was running the brothel house and co-accused Babloo Kumar and Veena Ranjan used to co-operate Salma Khatoon and Kusum Devi (petitioner) who were also involved in the said illegal flesh trade. On 12.11.

2019, Puja Kumari alongwith her husband brought Komal Kumari to Bus stand for selling her in Two Lacs rupees, but having got this knowledge, both victims fled away and informed the police. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 15.11.2019. The petitioner has got no criminal antecedent. She has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.9185 of 2020(2) dt.05-03-2020 3/3 victims have been examined under Section 164 of Cr. P.C. where they have not named this petitioner. Other co-accused has been granted bail by this Court vide Cr. Misc. No. 9166 of 2020 under order dated 04.03.2020.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Ist, Patna, in connection with Special Case No. 234 of 2019 (arising out of Ram Krishna Nagar P.S. Case No. 809 of 2019).

(Sudhir Singh, J) U.K./- U T