Md. Muslim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52010 of 2016 Arising Out of PS.Case No. -468 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Md. Muslim, son of late Dhutar Khaliffa, R/o Village- Rampur Uttar, Ward No.3, P.S.- Forbesganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate with Dr. Bidhu Ranjan, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Forbesganj P.S. Case No.468 of 2016 instituted for the offence under Section(s) 370-A Indian Penal Code and Sections 3, 4, 5 and 6 of the Immoral Traffic Act.

It is alleged by the Informant that for last fifteen years the petitioner used to get flesh trade by the Informant after bringing her on enticement and on protest he used to assault her. It is further alleged that she is at present suffering from Cancer but still he is forcing her in flesh trade and on refusal used to assault her.

It has been pointed out by the learned APP that in

Patna High Court Cr.Misc. No.52010 of 2016 (3) dt.23-01-2017 2/2 para 6, 7 and 8 of the Case Diary, the witnesses have stated that Informant was the tenant in the house of the petitioner. The Informant has alleged in the written report that she has been dragged in the flesh trade for last fifteen years but the instant case has been lodged only on 02.09.2016. From the Case Diary, it appears that earlier no such complaint was made by the petitioner before the police. From para 34 of the Case Diary it appears that now charge-sheet has been submitted on completion of investigation. The petitioner is in custody since 02.10.2016. In the circumstances, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No.468 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) JA/- U T