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Patna High CourtCR. MISC./30471/2024bail granted

Traya Kasam Alarkha @ Traya Kasam v. The State Of Bihar

2024-04-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30471 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- PARIHAR District- Sitamarhi ====================================================== Traya Kasam Alarkha @ Traya Kasam Son of Traya Alarkha Resident of Village- Adesar, P.S. Adesar, District- Kachchh, West Gujarat ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has 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 petitioner and the 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 petitioner has submitted that

Patna High Court CR. MISC. No.30471 of 2024(2) dt.30-04-2024 2/2 the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has transpired in this case merely on suspicion. The victim in her statement recorded under Section 164 of the Cr.P.C. has not stated the name of the petitioner in the alleged crime. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.12.2023.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) 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.

7. The application stands allowed.

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