Ashok Khalifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29726 of 2020 Arising Out of PS. Case No.-1 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== ASHOK KHALIFA Son of Late Jamshed Khalifa @ Late Jameed Khalifa Resident of Village - Nadail Ghat, P.S.- Bakhri, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 366, 372,, 373 of the Indian Penal Code and 6 of Immoral Traffic (Prevention) Act, 1956 and subsequently it was converted under sections 370, 328, 323/34, 366(A),, 372, 373 of the Indian Penal Code and 4 of POCSO Act and sections 5 and 6 of Immoral Traffic Act. The prosecution case in short is that the accused persons forced the victim to indulge in flesh trading from where the victim anyhow escaped.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.07.2020 and has got no

Patna High Court CR. MISC. No.29726 of 2020(3) dt.06-01-2021 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. The allegation is of running brothel is denied by the petitioner. For oblique reasons, the petitioner has been made accused in the present case by the local administration. The case has been instituted after four years of the occurrence. The delay in lodging the F.I.R. has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learnd Special Judge (POCSO Act)-cum- Additional Sessions JudgeVI, Begusarai in connection with POCSO Case No. 19 of 2018 arising out of Bakhri P.S. Case No. 01 of 2018. (Sudhir Singh, J) Pankaj/- U T