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Patna High CourtCR. MISC./17641/2023allowed

Meena Devi v. The State Of Bihar

2023-08-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17641 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

MEENA DEVI W/O BHUNESHWAR RAM Resident of village- Rampur Dilawar, P.S.- Rajapakar, District- Vaishali. 2.

NIRMALA DEVI W/O RAVINDRA RAM Resident of village- Fular Chowk, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 In compliance of order dt. 18.7.2023, learned APP appearing for the state has produced case diary in course of the day.

2. Heard learned counsel for the petitioner and learned APP for the state.

3. The petitioners seek regular bail in connection with Rajapakar P.S. Case No. 456 of 2022 registered for the offence under Sections 365, 120(B) of the I.P.C. and Section 23, 24, 26 of the Trafficking in persons (Prevention, Care & Rehabilitation Act, 2021.

4. As per prosecution case, both the petitioners are apprehended by police having illegal detention of child. They disclosed that the child was purchased by co-accused & others

Patna High Court CR. MISC. No.17641 of 2023(4) dt.21-08-2023 2/3 for the amount of Rs. 1,40,000/-. Accordingly, the present case has been lodged.

5. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is also submitted vide para-6 of the petition that the child recovered from possession of the petitioners but the child was brought to them by their villager Sujit Paswan with the help of others who stated the fact that he himself took the said child from one Hiralal Paswan. There is also no documentary proof regarding purchasing the said child. Other co-accused of this case namely, Sujit Paswan has already been granted bail by a co-ordinate Bench of this court vide order dt. 12.5.2023 passed in Cr. Misc. No. 16096 of 2023. Both the petitioners are ladies and they have got no criminal antecedents. They are languishing in judicial custody since 29.12.2022.

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

6. Having heard learned counsel for the parties and considering the fact that the petitioners are ladies as well as their custody period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released

Patna High Court CR. MISC. No.17641 of 2023(4) dt.21-08-2023 3/3 on bail in connection with Rajapakar P.S. Case No. 456 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur.

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