Sahanwaj Alam @ Md. Sahanawaj Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16732 of 2024 Arising Out of PS. Case No.-379 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== Sahanwaj Alam @ Md. Sahanawaj Alam S/o Badri Alam R/o VillageRudauli, P.S. Bajpatti, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pupri P.S. case No. 379 of 2023 instituted for the offences under Sections 354, 342, 120B of the Indian Penal Code and Section 4, 6 of the POCSO Act and Sections 3,7,8 of the Immoral Trafficking Act.
3. Prosecution case, in short, is that a house was raided in which prostitution was going and the petitioner has been caught in a room with a girl.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that petitioner has not committing any overt act as alleged in the FIR. Learned counsel further submitted that the victim girl has not supported the case
Patna High Court CR. MISC. No.16732 of 2024(2) dt.13-03-2024 2/2 of the prosecution in her statement recorded under Section 164 of the Cr.P.C. Similarly situated co-accused persons have already been granted bail by different Coordinate Benches of this Court vide orders passed in Cr. Misc. No. 3096 of 2024, Cr. Misc. No. 1837 of 2024 and Cr. Misc. No. 2895 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.09.2023 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Court below/concerned Court in connection with Pupri P.S. case No. 379 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T