Patna High CourtCR. MISC./37181/2018bail granted

Amar Mandal v. The State Of Bihar

2018-07-19Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37181 of 2018 Arising Out of PS.Case No. -209 Year- 2018 Thana -KOTWALI District- PATNA ====================================================== Amar Mandal S/o Sri Ashique Mandal, R/v Murshidabad, Birendra Nagar, P.S.- Rugantpur, Distt.- Murshidabad (West Bengal). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kotwali P.S. Case No.209 of 2018 registered for the offences punishable under Sections 418, 419, 420, 120B of the Indian Penal Code and Sections 5, 6 and 9 of Immoral Traffic (Prevention) Act and 7 of the POCSO Act.

The allegation as per F.I.R. is that the petitioner was caught along with the girl in a room of the hotel and it is alleged that one Sunil Kumar Suman, the kingpin of flesh trade, induced the girls in the trade on the promise of getting them employed. It has been submitted that the allegation of inducement is against Sunil Kumar Suman. This petitioner has been falsely

Patna High Court Cr.Misc. No.37181 of 2018 (3) dt.19-07-2018 implicated in this case and there is no statement of the girl that she was sexually exploited. The co-accused, namely, Rupesh Kumar having similar allegation has been allowed bail by one of the coordinate bench of this court in Cr.Misc.No.34226 of 2018. The case of this petitioner stands on similar footing. He is in custody since 08.04.2018 and so he deserves bail. The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge I-cumSpecial Judge, POCSO, Patna in connection with Special (POCSO) Case No.57 of 2018 arising out of Kotwali P.S. Case No.209 of 2018.

(Sanjay Kumar, J) Harish/- U