Patna High CourtCR. MISC./10282/2017dismissed

Dukhan Das v. The State Of Bihar

2017-03-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10282 of 2017 Arising Out of PS.Case No. -565 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ======================================================

1. Dukhan Das Son of Late Chandra Das Resident of Village - Khagara, P.S. Kishanganj, District - Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2017 The petitioner is in custody since 15.12.2016 in connection with Kishanganj P.S. Case No. 565 of 2016, registered for offences punishable under Sections 370, 372, 373 and 120 of Indian Penal Code and Section 3/4/5 of Immoral Traffic Prevention Act, 1956 and Section 4/6 of POCSO Act. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case as he had gone to the house for some plumbing work, from where he was apprehended. The said fact has also been supported by one Moni Khatun in her statement recorded under Section 164 Cr.P.C. Petitioner has been in judicial custody since 15.12.2016.

Learned counsel for the State opposed the prayer for bail and submitted that there is direct allegation that this petitioner and

Patna High Court Cr.Misc. No.10282 of 2017 (3) dt.28-03-2017 2/2 other accused persons were running a brothel house and the police raided the house and found the petitioner in an objectionable condition with a minor girl.

Having heard both sides, in view of the allegation and also in view of the fact that there are sufficient materials available on record to support the case of prosecution and also when the alleged house was raided, he was apprehended by the police in an objectionable condition with a minor girl, as such, I am not inclined to grant petitioner, the privilege of regular bail, it is accordingly rejected.

However, the trial court is directed to expedite the trial and try to conclude it as soon as possible.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) sunil/- U