Chaturbhuj Singh @ Babu Saheb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39432 of 2025 Arising Out of PS. Case No.-490 Year-2024 Thana- BARHARIA District- Siwan ====================================================== Chaturbhuj Singh @ Babu Saheb S/o- Ramchandra Singh Resident Of Village- Kahala, Ps- Barauli, Dist- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Soni Kumari Posted as Sub Inspector of Police, Barhariya, Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with POCSO Trial No. 84 of 2024 arising out of Barhariya P.S Case No. 490 of 2024 dated 10.10.2024 registered for the offence punishable u/s 143 (1), 145, 98 read with Section 3 (5) of the BNS, 2023, sections 75, 79 of the Juvenile Justice Act, sections 3,4,5,6 of the Immoral Trafficking (Prevention) Act, sections 16, 17, 18 of the Bonded Labour System (Abolition) Act, 1976 and section 8 of the Protection of Children from Sexual Offences Act.

3. As per the prosecution case, the petitioner house

Patna High Court CR. MISC. No.39432 of 2025(2) dt.08-07-2025 2/3 was raided and from his house six girls of tender age of about 16-17 years were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. The recovered girls have given their statement under Section 183 of the BNSS in which they have stated that they are working in the 'orchestra' with their own will. They were not brought on this profession forcibly. They were never forced to work in the 'orchestra'. The other coaccused person has already been granted bail by this court vide order dated 04.03.2025 passed in Cr. Misc. No. 82858/2024. The petitioner has clean antecedent as stated at para. 3 of the bail petition. The petitioner is languishing in judicial custody since 11.10.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with POCSO Trial No. 84 of

Patna High Court CR. MISC. No.39432 of 2025(2) dt.08-07-2025 3/3 2024 arising out of Barhariya P.S Case No. 490 of 2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T