Soni Devi @ Soni Khatnu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41556 of 2016 Arising Out of PS.Case No. -163 Year- 2015 Thana -BALIA District- BEGUSARAI ====================================================== Soni Devi @ Sony Khodru, Wife of K.B. Khaliffa, R/o Village Mathurapur, P.S.- Baliya, District- Begusarai.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. N. K. Agrawal, Sr. Advocate and Mr. Ashok Kumar Jha, Advocate.
For the Opposite Party : Mr. Satyendra Narayan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2016 Heard learned senior counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending her arrest in connection with Baliya P.S. Case No. 163 of 2015 (POCSO Case No. 45 of 2015), for the offences instituted under Sections 341, 323, 363, 366(A), 370(B), 373 and 120(B)/34 of the IPC. The prosecution story, in brief, is that on 08.05.2015 at 2.15 P.M., on secret information, the informant and other police officials raided the house of Kalo Khalifa where the business of flesh trade is going on, and apprehended two minor girls, namely, Neha Kumari and Geeta Kumari, who disclosed that one Lalo Devi took them from Muzaffarpur Railway Station to Bakhri
Patna High Court Cr.Misc. No.41556 of 2016 (4) dt.23-12-2016 2/3 inducing them and also disclosed that this petitioner and others used to take house hold work from them and at 7'o clock they also used them in the business of flesh trade. After 8' o clock, they used to keep them in the house of Kanku Yadav by hiding them and used to distribute all the money earned from the business of flesh trade. On search, Rs. 200 and Rs. 250/- were found from the victims respectively. The victims also disclosed that the business of immoral trafficking was done in the houses of Kalo Khalifa and K.B. Khalifa and from their houses English wine and some used and unused condoms have been recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. She has falsely been implicated in the present case. There is no substantive evidence to suggest her implication in the present case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. The victim girls have been examined under Section 164 Cr. P.C. where one of the victims, namely, Neha Kumar has made specific accusations against the petitioner and other co-accused persons.
Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is
Patna High Court Cr.Misc. No.41556 of 2016 (4) dt.23-12-2016 3/3 rejected in connection with Baliya P.S. Case No. 163 of 2015 (POCSO Case No. 45 of 2015), pending in the court of learned Ist Additional Sessions Judge-cum- Special Judge, Begusarai. If the petitioner surrenders in the court below, the same shall be considered on its own merit without being prejudiced by the order of this Court.
U.K./- (Sudhir Singh, J) U T