Pratima Soren @ Pradeep Soren v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40223 of 2024 Arising Out of PS. Case No.-392 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== Pratima Soren @ Pradeep Soren S/o Shukla Soren R/o Village Bulduli Taula PS Kanla Dist Vardhman West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dumra P.S. case No. 392 of 2022 instituted for the offences under Sections 363, 365, 366A, 370, 370A, 372, 373, 376, 120B of the Indian Penal Code, Sections 3, 4, 5, 6 of the Immoral Trafficking Act, 1956, Sections 4/6 of the POCSO Act and Sections 75/79 of the Juvenile Justice Act.

3. Prosecution case, in short, is that the petitioner and the co-accused persons are alleged to have engaged with minor girl in illegal flesh trading and prostituting on the pretext of alluring money.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.40223 of 2024(2) dt.21-06-2024 2/3 petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific allegation of commission of rape or illegal flesh trade has been made against the petitioner. Learned counsel for the petitioner submitted that the victim girls have been recovered. Learned counsel further submitted that victims, in their statements recorded under Section 164 of the Cr.P.C., although have supported the prosecution case but nothing has been whispered against this petitioner. Learned counsel further submitted that several co-accused persons have been granted bail by the co-ordinate Benches of this Court (vide Annexure-2 series). It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.08.2022 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.40223 of 2024(2) dt.21-06-2024 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumra P.S. case No. 392 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T