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Patna High CourtCR. MISC./36607/2023allowed

Manisha Kumari v. The State Of Bihar

2023-07-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36607 of 2023 Arising Out of PS. Case No.-681 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== MANISHA KUMARI D/o Kishan Chaudhary Resident of village - Rowari, P.S. - Shikarpur, Distt. - West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 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 346, 363, 367(ii)(iii), 373, 506, 509 of the IPC; Section 8 of the POCSO Act; Sections 3,4 and 5 of the Immoral Traffic Act and Section 75 of the J.J. Act.

The allegation against the petitioner along with another is of engaging in Immoral Trafficking of the girls. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. Petitioner is not named in the FIR and later on she has implicated in this case. She has come under conspiracy of the informant and police. The so called victim

Patna High Court CR. MISC. No.36607 of 2023(2) dt.04-07-2023 2/2 girls are also part of conspiracy. If petitioner is culprit then her name must come in F.I.R. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 21.11.2022. 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, period of custody as well as petitioner being a lady, 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 Court concerned in connection with Sikarpur P.S. Case No. 681 of 2022. (Sunil Kumar Panwar, J) arish/- U T