Raushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13294 of 2022 Arising Out of PS. Case No.-70 Year-2020 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Raushan Son of Gopal Kumar @ Md. Akhtar Resident of Village - Raja Nagar Basti, P.s.- Sadar, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 341, 342, 366(A), 506, 370(A), 376, 373 and 34 of the Indian Penal Code, Section4/6 of the POCSO Act and Sections 3, 4, 5 and 6 of the Immoral Traffic Act.

As per the prosecution case, on a secret information, a raid was conducted and this petitioner alongwith other F.I.R named accused persons were arrested and this petitioner is alleged to have indulged in keeping minor girls for unlawful and immoral act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the statement of the victim was recorded under Section 164 of the Criminal Procedure Code wherein, she has not alleged anything against the petitioner. In

Patna High Court CR. MISC. No.13294 of 2022(5) dt.19-10-2022 2/2 the said statement, her age is mentioned as 18 years old and she has stated that she married with the petitioner and lived together in a rented house and while she was standing on road with her husband, the police arrested the victim and the petitioner along with two other co-accused. Further, it is submitted that another co-accused, namely, Farida Khatoon @ Neha has been granted bail vide order dated 07.10.2021 passed in Criminal Miscellaneous No. 40220 of 2021. The petitioner is in custody since 19.12.2020, is a person with clean antecedent and chargesheet has been submitted in the case. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Spl. Judge, POCSO, Muzaffarpur in connection with Muzaffarpur Mahila P.S. Case No. 70 of 2020.

(Khatim Reza, J) Gaurav Kumar/- U T