Patna High CourtCR. MISC./52190/2016bail granted

Salma Devi And ORS v. The State Of Bihar

2016-12-08Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52190 of 2016 Arising Out of PS.Case No. -415 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Salma Devi w/o Munna Khalifa R/o Kurha, P.S. Sahebpur Kamal, Dist.- Begusarai Presently residing at Kapasiya, P.S. Begusarai Nagar, Dist. - Begusarai

2. Ruby Khatoon, W/o Md. Suleman

3. Gita Devi W/o - Kali Chaudhary Both 2 & 3 are R/o - Kapasiya, P.S. Begusarai Nagar, Dist. - Begusarai .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Shubhesh Pandey, Adv. For the State : Mr. Iftekhar Mahmood, APP 202 For the informant : Mr. Radhan Mohan Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-12-2016 Heard the learned counsel parties.

This is a petition for grant of regular bail for offence under Sections 363, 365, 366A, 372, 373, 370(II), 370(IV), 370(e) and 34 of the Indian Penal Code, 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956, 4 and 8 of the Protection of Children from Sexual Offences Act.

According to the first information report, the petitioners along with others were involved in flesh trade and minor girls were induced by the petitioners to indulge themselves in the aforesaid criminal act.

Submission of the petitioners is that the victims were examined under Section 164 of the Criminal Procedure Code and they have not named these petitioners.

The prayer for bail has been opposed specially on the ground of similar allegation, alleged in Begusarai Town P.S. Case No. 104 of 2015.

Considering the fact that there is no substantial

Patna High Court Cr.Misc. No.52190 of 2016 (2) dt.08-12-2016 material against the petitioners coming from the mouth of so called victim girls and the petitioners are female members and are in jail since 08.09.2016, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with POCSO Case No. 55 of 2016 arising out of Begusarai Town P.S. Case No. 415 of 2016 to the satisfaction of the Special Judge (POCSO Act)-cum-Additional Sessions Judge, I, Begusarai or successor Court.

(Birendra Kumar, J) SA/- U √ T √