Hadish Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24245 of 2022 Arising Out of PS. Case No.-112 Year-2021 Thana- SRINAGAR District- West Champaran ====================================================== HADISH MIYAN Son of Pala Miyan Resident of village - Kohra Bin Toli, P.S.- Shrinagar Pujaha, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Sections 346, 367, 372(2)(3), 373, 506, 509 of the Indian Penal Code, 3,4,5,6, 7 of the Immoral Trafficking Act, 1956, Section 75 J.J. Act and Section 8 of the POCSO Act.

As per prosecution case, on secret information, the police raided the house of the co-accused for recovery of kidnapped girl Puja Kumari, but the said kidnapped girl was not

Patna High Court CR. MISC. No.24245 of 2022(2) dt.13-07-2022 2/3 recovered from the house of the co-accused rather a boy and three girls were found in the said house who disclosed the name before the raiding party and also disclosed that the said kidnapped girl went to a Barat party for dancing in the Orchestra. Then the raiding party went to village Kohram Dengehi where they found five girls dancing in the Orchestra and on inquiry, they disclosed their names. It is further alleged that recovered girls disclosed that one Shaniya Murmu, wife of Akhlilesh Yadav induced them and brought them for dancing in the said Orchestra, Shaniya Orchestra whose owner is Akhileswh Yadav and the said Orchestra runs in the name of his wife.

Thereafter the raiding team raided the house of Hadish Miyan where they found the aforesaid kidnapped girl and the accused petitioner Rambabu singh alongwith one other girl who also disclosed her name, age and addresses. These two recovered victims also disclosed that the accused Rambabu Singh had induced them for dancing in the Orchestra in the name of Pooja Musical Dance Party. The accused also admitted that he runs the said dance party in the name of his wife. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case with ulterior motive.

Patna High Court CR. MISC. No.24245 of 2022(2) dt.13-07-2022 3/3 assault against the petitioners. No force was used for dancing of the said girls in the Orchestra. The Immoral Trafficking Act and POCSO Act are also not applicable in this case. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 24.03.2022.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 6th -cum- Special Judge POCSO, Bettiah, West Champaran in connection with Srinagar P.S. Case No.112 of 2021 The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T