Soni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21864 of 2021 Arising Out of PS. Case No.-307 Year-2020 Thana- BALIYA District- Begusarai ====================================================== SONI DEVI Wife of - Kare Khaliffa Resident of Village - Ward No. 13, Shailgrami, Raghunathpur, Karari, Mohanpur, P.S. - Sahebpur- Kamal, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Kumar Lal For the Opposite Party/s :
Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Ballia P.S. Case No. 307 of 2020, registered for the offence punishable under Sections 376, 370(A) and other allied sections of the Indian Penal Code and sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act.
As per the prosecution case, informant proceeded for her Nani house Sitamarhi and when she sat in the auto, auto driver Raul and one boy also sat with her and they made her senseless by putting handkerchief on her nose and when she regained consciousness she was at Munger in the house of one
Patna High Court CR. MISC. No.21864 of 2021(2) dt.14-07-2021 2/3 Priti and Talim who took her to the house of Binu Devi where the informant found large number of female where she was kept for 3-4 days and after intoxicating her she was subjected to sexual exploitation. From Munger she was taken to Mohanpur and was kept there for about a week and from Mohanpur one Neetu took her to her house where she was kept for 10-15 days and after intoxicating her she was subjected to prostitution for money.
It is submitted on behalf of the petitioner that petitioner is Bhabhi of Neetu Devi has falsely been implicated in this case. The victim girl in her statement under Section 164 Cr.P.C has not suggested anything wrong against this petitioner. There is no material which shows that petitioner is engaged in immoral trafficking act. Petitioner is in custody since 25.11.2020 having clean antecedent, as stated in para 3 of the petition.
Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No. 307 of 2020, subject to following conditions:-
Patna High Court CR. MISC. No.21864 of 2021(2) dt.14-07-2021 3/3 (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T