Pappu Hasmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42679 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -MAHILA P.S. District- SIWAN ====================================================== Pappu Hasmi son of Late Bhola Hasi @ Mokhtar Ahmad resident of village - Hasanpura Chatti, P.S. M.H. Nagar, District - Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Mahila P.S. Case No. 35 of 2016 registered under Sections 346, 366A, 367, 370, 370A, 372, 373, 376 of the I.P.C. and 3, 4, 5, 6, 7, 8 of Immoral Traffic Act and 6, 8, 12, 13, 14 of the POCSO Act. The allegation against the petitioner is that he was involved in flesh trade. Several girls were being used for the purpose.

Submission of learned counsel for the petitioner is that similarly situated some other co-accused persons have already been allowed bail by a Co-ordinate Bench of this Court in Cr. Misc. Nos. 29661 of 2016 and 33439 of 2016 on 06.09.2016. The

Patna High Court Cr.Misc. No.42679 of 2016 (3) dt.14-12-2016 2/2 so called girls in their statement recorded under Section 164 of the Cr. P.C. did not allege any case of sexual assault or immoral trafficking, rather they stated that they had voluntarily joined the dance party. Petitioner has further stated on oath that he has got no criminal antecedent and is in custody since 24.05.2016. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-1, Siwan in connection with Mahila P.S. Case No.35 of 2016.

(Birendra Kumar, J) Shail/- U T