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Patna High CourtCR. MISC./13238/2023allowed

Sunil Kumar Ray v. The State Of Bihar

2023-07-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13238 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- MAHILA PS District- Buxar ====================================================== Sunil Kumar Ray Son of Harendra Ray Resident of Village- Souri, P.S.- Rajpur, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwini Kumar Rai For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 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 419, 420, 376 of the Indian Penal Code and Section 4/8 of POCSO Act and also Sections 3, 4, 5, 7, 8 of Immoral Traffic Prevention Act.

As per prosecution case, it is alleged by the informant that on 28.12.2022 he along with police party raided three hotels and apprehend many ladies and gents along with this petitioner, who were indulged in immoral trafficking.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. The petitioner was staying in the hotel and police arrested him

Patna High Court CR. MISC. No.13238 of 2023(3) dt.11-07-2023 2/2 without any rhyme and reason. There is no any independent witness of the alleged occurrence. Similarly situated other coaccused Sonu Kumar has already been granted bail by this Bench vide order dated 28.04.2023 passed in Cr. Misc. No. 15434 of 2023. It is also submitted that petitioner is languishing in judicial custody since 29.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

Having heard learned counsel for the parties 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 Buxar Mahila P.S. Case No.66 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 District Judge-6th-cumPOCSO Court, Buxar. (Sunil Kumar Panwar, J) lata/- U T