Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31354 of 2023 Arising Out of PS. Case No.-473 Year-2022 Thana- RAMKRISHNANAGAR District- Patna ====================================================== MAMTA DEVI W/o- Late Bharat Prasad Village- Satbahri Ps- Chandi DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhukar Anand For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 342, 376, 506/34 of the Indian Penal Code, Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act and Sections 4 and 6 of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner along with others is of involving in illegal flesh trade.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. The allegation of forcing the girls/women into prostitution is absolutely false and due to the same neither of the girls found at the place of occurrence

Patna High Court CR. MISC. No.31354 of 2023(2) dt.24-06-2023 2/3 supported this fact, during the course of investigation. Furthermore, mobile phones were also recovered from the girls as such the allegation of forcing them into prostitution seems to intrinsically improbable. He submitted that one Muskan Singh, who is alleged to be a minor, also disclosed in her statement recorded u/s 164 of the Cr.P.C., that no one forced her into prostitution. She on her own sweet will lieued in the field and no one committed wrong without her consent. He further submitted that the other co-accused has already been granted bail by a this Bench vide order dated 28.02.2023 passed in Cr. Misc. No. 63914 of 2022. She is languishing in judicial custody since 06.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cumSpecial Judge POCSO, Patna in connection with Ramkrishna

Patna High Court CR. MISC. No.31354 of 2023(2) dt.24-06-2023 3/3 Nagar P.S. Case No. 473 of 2022.

(Sunil Kumar Panwar, J) arish/- U T