Samsher Khalifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23028 of 2023 Arising Out of PS. Case No.-340 Year-2022 Thana- BALIYA District- Begusarai ====================================================== Samsher Khalifa S/O Late Ghuran Khalifa R/O Mathurapur, P.S- Ballia, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Ballia P.S. Case No. 340 of 2022 registered for the offence under Sections 346, 370, 370A, 371, 372, 373, 376, 120(B) of the Indian Penal Code, Sections 3, 5, 6, 7, 8 of the Immoral Traffic (Prevention) Act, Sections 4, 5, 12, 17 of the POCSO Act and Sections 75 & 79 of the Juvenile Justice (Care and Protection of Children) Act.

As per prosecution case, the petitioner along with other co-accused persons are said to have involved

Patna High Court CR. MISC. No.23028 of 2023(3) dt.19-07-2023 2/3 in the immoral trafficking of the minor girls. Learned counsel for the petitioner submits that the petitioner is innocent and he has committed no offence. As per F.I.R, the raid was allegedly made at the house of co-accused Subhash Khalifa. The petitioner is not involved in confinement, inducement, exploitation, buying and selling of the victims of the case for the purposes of prostitution and illicit intercourse. During investigation, no substantive evidence has been collected against the petitioner to connect with the present case. The petitioner is languishing in custody since 04.02.2023. 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.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case,

Patna High Court CR. MISC. No.23028 of 2023(3) dt.19-07-2023 3/3 this court is inclined to enlarge the petitioners on bail. The above named petitioner is 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) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Begusarai/ concerned Court.

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