Jaya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13224 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- BALIYA District- Begusarai ====================================================== JAYA Wife of Vijay Sah @ Vijay R/v- Bari Bazar, Churipatti, P.S.- Katihar, District- Katihar, Presently resident of Sharstri Park, Old Delhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvottam Kumar For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 346, 370, 370(A), 371, 372, 373, 376, 120B of the Indian Penal Code, sections 3, 5, 6, 7, 8 of Immoral Trafficking Protection Act, Section 4, 5, 12, 17 of the POCSO Act and Sections 75, 79 of Juvenile Juvenile Act.

As per prosecution case, the petitioner along with other co-accused persons said to have involved in immoral trafficking of the minor girls.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.13224 of 2023(2) dt.25-04-2023 2/3 petitioner has never involved in human trafficking rather she has falsely been implicated in this case due to high handedness of the police. It is further submitted that the statement of victim girl was recorded u/s 164 of Cr.P.C. wherein, she did whisper any complicity of the petitioner in this case and further stated that on the behest of the one Soni, she came there out of her own sweet will and involved in illegal flesh trade to earn money and in support of this Annexure-2 series has been annexed with this petition. Moreover, similarly situated coaccused namely, Ravina Khatoon has already been granted bail by a co-ordinate Bench of this Court vide order 13.4.2023 passed in Cr. Misc. No. 14412 of 2023. Further, the petitioner has got no criminal antecedent and languishing in judicial custody since 14.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Balia P.S. Case No. 340 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.13224 of 2023(2) dt.25-04-2023 3/3 each to the satisfaction of learned Additional Sessions Judge 6th-cum-Special Judge POCSO Act, Begusarai.

(Sunil Kumar Panwar, J) Amandeep/- U T