Saniya Murmur @ Kushum Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19071 of 2023 Arising Out of PS. Case No.-112 Year-2021 Thana- SRINAGAR District- West Champaran ====================================================== Saniya Murmur @ Kushum Devi Wife Of Akhilesh Yadav R/V- Mangalpur Gudaria, Ps- Nautan Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 346, 367, 372(2) (3), 373, 506, 509 of the Indian Penal Code, sections 3, 4, 5 and 6 of the Immoral Trafficking Act, Section 75 of J.J. Act and Section 8 of the POCSO Act.
3. As per allegation in the FIR, it is a case of child trafficking. Petitioner in connivance with others, brought three victim girls for dancing for Shaniya Orchestra in a marriage procession, whose owner is the husband of this petitioner. Raiding party reached there and found several minor girls engaged in dancing, who were rescued by the police officials and on interrogation, they disclosed the name of the petitioner
Patna High Court CR. MISC. No.19071 of 2023(6) dt.18-10-2023 2/3 alleging that she had enticed them for dancing in orchestra.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. It is further submitted from para-6 of this petition that the victim girls have not made any complaint against the petitioner for committing any wrong with them but she has been made accused in this case only for the reason that her husband, namely, Akhilesh Yadav was running an orchestra party in the name of this petitioner, Saniya Orchestra. There is no allegation of sexual assault against the petitioner. Nothing specific allegation has been levelled against the petitioner. Similarly situated other co-accused person has already been granted bail by another Bench of this Court vide order dated. 13.07.2022 in Cr. Misc. No. 27934 of 2022. Moreover, she is languishing in judicial custody since 21.01.2023.
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 facts that petitioner being a lady and her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in
Patna High Court CR. MISC. No.19071 of 2023(6) dt.18-10-2023 3/3 connection with Srinagar P.S. Case No. 112 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-6th-cum-Special Judge (POCSO), Bettiah, West Champaran.
(Sunil Kumar Panwar, J) shubham/- U T