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Patna High CourtCR. MISC./32527/2024bail granted

Arjun Bhai Parmar @ Arjun Bhai @ Prahlad Bhai v. The State Of Bihar

2024-05-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32527 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- PARIHAR District- Sitamarhi ====================================================== 1.

Arjun Bhai Parmar @ Arjun Bhai @ Prahlad Bhai S/o Late Prahlad Bhai Resident of Village Shankhalpur Maheshana PS Bhecharaji District Meheshana Gujrat 2.

Solanki Khegra Bhai S/o Moti Bhai R/o vill - Ambedkar Nager, P.s. - Dasada Surendra Nagar, Distt. - Surendra Nagar (Gujrat) 3.

Khalifa Rahim Noor Ahmad @ Khalifa Rahim @ Khalifa Rahim Noor Mahmad S/o Noor Ahmad R/o Jhinjhuwada, P.S. - Dasada, Distt. - Surendra Nagar (Gujrat) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeet Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Parihar P.S. Case No. 354 of 2023 dated 14.12.2023 registered for the offences punishable u/ss 354B, 120B and 370A of the Indian Penal Code and Section 14 of the Prevention of Children from Sexual Offence Act and Sections 4 and 5 of the Prevention of Immoral Trafficking Prevention Act and Section 75 of the Juvenile Justice Act.

3. As per the prosecution case, the petitioners and the

Patna High Court CR. MISC. No.32527 of 2024(2) dt.07-05-2024 2/3 co-accused persons are alleged to have kidnapped the minor girl from Nepal and they were forcibly taking her to Gujarat for the purpose of selling her for illegal work.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The other co-accused person has already been granted bail by this Court vide order dated 30.04.2024 passed in Criminal Misc. No. 30471 of 2024. The victim in her statement recorded u/s 164 of the Cr.P.C. has not stated the name of the petitioner. Learned counsel has submitted that the victim was not forced to have illicit intercourse with another person. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 14.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bailbond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Parihar P.S. Case No. 354 of 2023.

Patna High Court CR. MISC. No.32527 of 2024(2) dt.07-05-2024 3/3

7. The application stands allowed.

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