Samina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39079 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- ANGARH District- Purnia ====================================================== SAMINA KHATOON Wife of Alauddin Resident of Village- Angarh, P.S.- Angarh, District- Purnea at presently residing Kochadhaman, P.S.- Kochadhaman, District- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-01-2022 Heard.

The petitioner seeks regular bail in connection with Angarh P.S. Case No. 21 of 2020 giving rise to Special (POCSO) Case No. 80 of 2020, registered for the offence punishable under sections 341, 342, 371, 370(A), 372, 373, 376, 120(B) of the Indian Penal Code and sections 3,4,5,6,7, 9 of Immoral Traffic Act, Section 75, 81, 84 of the Juvenile Justice Act and 4,6 of the POCSO Act.

The allegation is regarding a raid having been carried out in the Red light area i.e. the alleged place of occurrence, where-after some major and minor victims girls were recovered and they had alleged that the accused persons including the petitioner herein

Patna High Court CR. MISC. No.39079 of 2021(2) dt.27-01-2022 2/3 had forced them to engage in prostitution.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 03.10.2020. The learned counsel for the petitioner has further submitted that no allegation whatsoever has been levelled against the petitioner. The learned counsel for the petitioner has also referred to the impugned order to submit that the learned court below has recorded the fact that during the course of investigation, the statements of six girls were recorded under section 164 Cr. P.C., however, they have not named any person to have forced them to engage in prostitution. It is further submitted that similarly situated co-accused persons have already been granted bail by the co-ordinate Benches of this Court vide orders dated 26.3.2021, 7.7.2021 and 26.8.2021 passed in Cr. Misc. No. 11222 of 2021, Cr. Misc. No. 15665 of 2021 and Cr. Misc. No. 14173 of 2021. Per contra, Mr. Ashok Kumar, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances

Patna High Court CR. MISC. No.39079 of 2021(2) dt.27-01-2022 3/3 of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted bail by the co-ordinate Benches of this Court, I deem it fit and proper to admit the petitioner to the privilege of regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Additional District Judge, 7th cum Special Judge (POCSO) Act, Purnea in connection with Angarh P.S. Case No. 21 of 2020 giving rise to Special (POCSO) Case No. 80 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T