Md. Dilnawaz @ Dilnawaz @ Md.Dilnwaz Alam And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.39351 of 2016 (4) dt.24-11-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39351 of 2016 Arising Out of PS.Case No. -28 Year- 2016 Thana -MAHILA P.S. District- KISANGANJ ======================================================
1. MD. DILNAWAZ @ DILNAWAZ @ MD.DILNWAZ ALAM resident of Village-Gowabari, P.S.-Bhadurganj, District-Kishanganj
2. Md. Absar @ Md. Afsar S/o Kalimuddin R/o Village-Bhogadah, PsBahadurganj, District-Kishanganj .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Sinha, Adv. For the Opposite Party/s : Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-11-2016 Heard both sides.
The petitioner seeks bail in Mahila P.S. Case No. 28/2016, registered for the offences punishable under Sections 370, 372, 373, 120B of the Indian Penal Code, Sections 3, 4, 5 of Immoral Traffic Act and Sections 8 and 12 of P.O.C.S.O. The S.H.O. of Mahila P.S. raided the house of Md. Ishaue who is alleged to have been running the brothel and recovered two girls. From the house of Neelam Khatoon two girls were recovered namely, Hasmoon Khatoon and Pinki aged about 22 years and 25 years respectively. The informant further raided the house Sajana Khatoon from where Amna Khatoon aged about 24 years was recovered. The petitioner no. 1 Md. Dilnawaz was
Patna High Court Cr.Misc. No.39351 of 2016 (4) dt.24-11-2016 found in the house of Nilam Khatoon. Petitioner no. 2 Md. Absar was found in the house of Sajana Khatoon.
Learned counsel for the petitioners submits that girls who have indulged in prostitution were adults. Petitioners are in jail since 10.07.2016. Petitioners have already remained in jail for more than four and half months. Petitioners got no criminal antecedent.
Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that adult women were found in the company of the petitioners, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction Additional District & Sessions Judge 1st -cum- Special Judge P.O.C.S.O., Kishanganj in connection with Mahila P.S. Case No. 28/2016. (Prabhat Kumar Jha, J.) Vinita/- U T