Shabnam Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44787 of 2023 Arising Out of PS. Case No.-543 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== 1.
SHABNAM KHATOON Daughter of Noor Alam Resident of D 50/604, Shree Om Palace CHS LTD Shanti Park Opposite Royal Accord, Samor Maira Road East, P.S. Thane, Distt.-Bombay, (Maharashtra) 2.
RATNA ALAM @ RATNA Daughter of Noor Alam Resident of D 50/604, Shree Om Palace CHS LTD Shanti Park Opposite Royal Accord, Samor Maira Road East, P.S. Thane, Distt.-Bombay, (Maharashtra) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K Agrawal, Sr. Adv.
Mr.Dr. Bidhu Ranjan, Adv.
For the Opposite Party/s :
Mr.Suman Kumari Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Sadar P.S. Case No. 543 of 2022 registered for the offences punishable under Sections 346, 366A, 367, 370(A), 372, 373, 376, 120B/34 of the Indian Penal Code and Sections 4, 6, 12 and 17 of POCSO Act and Sections 3, 4, 5, 6, 7 of Immoral Trafficking Act and Sections 75 and 79 of Juvenile Justice Act.
3. Allegedly, petitioners are said to have indulged in human trafficking.
Patna High Court CR. MISC. No.44787 of 2023(3) dt.06-10-2023 2/3
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. They were not present at the place of occurrence. They were not apprehended. They have been made accused in the present case merely because they, being relatives of the co-accused, came to the house of Ishtiyak. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail and submits that Aadhar Cards and other documents of the petitioners have been found at the place of occurrence, which indicates that petitioners are also involved in the present case and hence, they do not deserve anticipatory bail.
6. Considering the facts and circumstances of case, as there is ample evidence in the case diary against the petitioners, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected.
7. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail,
Patna High Court CR. MISC. No.44787 of 2023(3) dt.06-10-2023 3/3 the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) divyanshi/- U T