Akbar Khaliffa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28608 of 2022 Arising Out of PS. Case No.-437 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== AKBAR KHALIFFA S/o Late Babu Lal Khaliffa R/o Village- Abdulla Nagar, Ghoshpara, P.S.- Sadar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Ashok Kumar Jha, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 366(A), 367, 370, 370(A), 370(5), 371, 372, 373, 376 and 120(B) of the Indian Penal Code and Sections 3, 4, 5, 6, 7 and 9 of Immoral Traffic Prevention Act, Sections 75, 81, 84 of the Juvenile Justice Act and Sections 3, 5, 6, 7, 8, 9 and 10 of Protection of Children from Sexual Offences Act. Learned counsel for the petitioner submits that the petitioner has antecedent of four cases and the informant alleges that house of petitioner was raided from where five minor girls were recovered who disclosed that petitioner forcefully against

Patna High Court CR. MISC. No.28608 of 2022(2) dt.10-11-2022 2/3 their wish made them indulge in prostitution. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the case, it is next submitted that the girls who were recovered from his house were his daughter and niece, it is also submitted that wife of this petitioner Shakila Begum had filed Cr. Misc. No. 5308 of 2022 for releasing the victims in their favour and this Court by order dated 13.10.2022 was pleased to allow Cr. Misc. No. 5308 of 2022 and the girls were released in favour of the wife of the petitioner, it is thus submitted that since the girls who were recovered from the house of the petitioner were his daughter and niece, as such the police in a mechanical manner implicated petitioner.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where

Patna High Court CR. MISC. No.28608 of 2022(2) dt.10-11-2022 3/3 the case is pending/successor court in connection with Sadar P.S. Case No. 437 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T