Anwar Alam @ Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2361 of 2021 Arising Out of PS. Case No.-44 Year-2019 Thana- MAHILA P.S. District- Kishanganj ====================================================== ANWAR ALAM @ ANWAR son of Md. Afaque Alam Resident of VillageSaptiya Bishanpur, Police Station- Kochadhaman, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for bail in connection with Kishanganj (Mahila) P.S. Case No. 44 of 2019 registered under sections 341, 342, 370, 376 and 120 B of the Indian Penal Code, sections 3, 4, 5, 6 and 7 of the Immoral Traffic Act and section 4 of the POCSO Act.

As per allegation in the FIR, on a raid being conducted at the place of occurrence, ten named accused persons including the petitioner was caught. One of the girls present, disclosed that the accused persons had forced her to indulge in flesh trade.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected

Patna High Court CR. MISC. No.2361 of 2021(2) dt.03-02-2021 2/2 vide order dated 18.3.2020 (Annexure-1) passed in Cr. Misc. No. 85082 of 2019. The petitioner is in custody since 19.10.2019 and has no criminal antecedent. It is reiterated that the main allegation is against co-accused having the same name as the petitioner herein. At best the allegation against the petitioner is of remaining present at the place of occurrence. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner being in custody since 19.10.2019, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kishanganj (Mahila) P.S. Case No. 44 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 1st -cum-Special Judge, Kishanganj.

(Partha Sarthy, J) sushma/- U T