Sunita Devi @ Rafat Sultana And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50332 of 2016 Arising Out of PS.Case No. -289 Year- 2016 Thana -PATLIPUTRA District- PATNA ======================================================
1. Sunita Devi @ Rafat Sultana wife of Sheikh Shabab Resident of Mallickpur, P.S. Baraipur, District - Kolkatta (West Bengal).
2. Ritu Mandal @ Joya Sabab daughter of Bablu Mahto Resident of Champa Hati, P.S. Sonarpur, District Kolkatta. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ajay Kr Singh No.1, Advocate. For the Opposite Party : Mr. Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are languishing in custody since 01.09.2016 in connection with Patliputra P.S. Case No. 289 of 2016 for the offences instituted under Sections 47, 48, 54, 55 of Bihar Excise (Amendment) Act, 3(I), 3(II), 4, 5, 6 and 7 of Immoral Traffic Prevention Act.
The prosecution story, in brief, is that the informant on confidential information, raided the House No. 31, New Patliputra Colony, Patna, where the flesh trade is going on and caught co-
Patna High Court Cr.Misc. No.50332 of 2016 (3) dt.20-12-2016 2/3 accused Pankaj Kumar, petitioners and customer Gaurav Kumar Jha. The informant also recovered foreign liquor, mobile and other articles from there. He also came to know that in Kadamkuan P.S. Case No. 82/2016 dated 08.02.2016, these petitioners were also involved in similar nature of the offence.
It has been submitted on behalf of the petitioners that the petitioners are in custody since 01.09.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioners. 900 ML of foreign liquor and other articles are said to have been recovered. There is no compliance of Section 100 Cr.P.C. As far as the allegation in respect of immoral traffic is concerned, the same is denied by the petitioners. It is further submitted that the petitioners may be released on bail after completion of six months in custody from 01.09.2016.
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R. There is one more case of similar nature is also pending against the petitioners. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail after completion of six months in custody from 01.09.2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like
Patna High Court Cr.Misc. No.50332 of 2016 (3) dt.20-12-2016 3/3 amount each to the satisfaction of the learned C.J.M., Patna, in connection with Patliputra P.S. Case No. 289 of 2016. U.K./- (Sudhir Singh, J) U T