Jubair Alam @ Zubair Alam @ Chocklet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1035 of 2017 Arising Out of PS.Case No. -28 Year- 2016 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Jubair Alam @ Zubair Alam @ Chocklet, Son of Adalat Alam, resident of Village- Sameshar Hat, Police Station- Bahadurganj in the district of Kishanganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Vijay Kumar, Advocate. For the Opposite Party : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 27.10.2016 in connection with Kishanganj (Mahila) P.S. Case No. 28 of 2016 for the offences instituted under Sections 370, 372, 373, 120(B) of the IPC, 3, 4, 5 of Immoral Traffic Act, 8 and 12 of POCSO Act. The prosecution story, in brief, is that on 09.07.2016 in the night on secret information, a raid was conducted at villagePrem Nagar, P.S. Bahadurganj, District-Kishanganj, in the red light area at the house of Md. Ishaque Alam, Neelam Khatoon and Sanjna Khatoon. During raid, Hasmun Khatoon and Pinki were found in a room in objectionable position with two different

Patna High Court Cr.Misc. No.1035 of 2017 (2) dt.20-02-2017 2/3 persons in the brothel. Their statements before police in paragraph nos. 27 and 28 that this petitioner has brought them and indulge in the immoral flesh trade business. There is allegation against this petitioner that he has involved and forced Hasman Khatoon and Pinki for prostitution and is a flesh broker. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.10.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. The petitioner is not named in the F.I.R. The victims have been examined under Section 164 Cr. P.C. where the petitioner has not been named by the victims. It is further submitted that the petitioner may be released on bail after completion of six months in custody from 27.10.2016. On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R. but he is involved in the flesh trade.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody from 27.10.2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Kishanganj, in

Patna High Court Cr.Misc. No.1035 of 2017 (2) dt.20-02-2017 3/3 connection with Kishanganj(Mahila) P.S. Case No. 28 of 2016. U.K./- (Sudhir Singh, J) U T