Anil Kumar Das @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17497 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- BALIYA District- Begusarai ====================================================== RABINA KHATOON Wife of Md. Naushad R/V- Bhatraha P.S- Saharsa DistSaharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18660 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- BALIYA District- Begusarai ====================================================== Anil Kumar Das @ Anil Kumar Son Of Late Kripal Das Resident Of VillageBihat, (Malhipur), Jalalpur Tola, Ward No. 22 Ps Barauni, District- Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 17497 of 2023) For the Petitioner/s :

Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem (In CRIMINAL MISCELLANEOUS No. 18660 of 2023) For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Balia P.S. Case No. 340 of 2022 registered for the offence under Sections 346, 370, 370A, 371, 372, 373, 376, 120(B) of the IPC, sections 3, 5, 6, 7, 8 of the Immoral Traffic of Prevention Act,

Patna High Court CR. MISC. No.17497 of 2023(2) dt.12-05-2023 2/3 sections 4, 5, 12, 17 of the POCSO Act and Sections 75 & 79 of the Juvenile Justice and Delinquency Prevention Act. As per prosecution case, the petitioners along with other co-accused persons said to have involved in the immoral trafficking of the minor girls.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It is further submitted that the statement of victim was recorded u/s 164 of the Cr.P.C. in which she has not whispered any complicity of the petitioners in this case and further stated that on the behest of one Soni, she came there and out of her own sweet will, she involved in illegal flesh trade to earn money. The petitioners have no concern with the alleged offence rather they have falsely been made accused in the present case. Both the petitioners have got no criminal antecedents. Moreover, similarly situated co-accused namely, Ravina Khatoon has already been granted bail by this Court vide order dated 13.4.2023 passed in Cr. Misc. No. 14412 of 2023. It is further submitted that the petitioners are languishing in judicial custody since 14.12.2022.

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

Patna High Court CR. MISC. No.17497 of 2023(2) dt.12-05-2023 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Ballia P.S. Case No. 340 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 Additional Sessions Judge-VI-cum-Special Judge POCSO Act, Begusarai/ concerned Court.

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