Anil Kumar Sah @ Babloo Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45332 of 2023 Arising Out of PS. Case No.-481 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Anil Kumar Sah @ Babloo Sah Son of Late Baldeo Pratap Sah Resident of village - Maroof Chak, P.S. - Mojahidpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anita Kumari Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 3, 4 and 5 of Immoral Traffic Prevention Act.

As per allegation in the FIR, on 12.12.2022 upon secret information the informant along with police team reached at Gurhatta Chowk and surrounded near SBI Bank. Seeing the police a person along with two girls tried to run away who were apprehended. The aforesaid person disclosed himself as a petitioner and accepted his involvement in flesh trade. Both the girls also disclosed that petitioner called them for work on allurement of money and petitioner forced them into

Patna High Court CR. MISC. No.45332 of 2023(3) dt.28-08-2023 2/3 prostitution. On search of petitioner, a mobile phone has been recovered from his possession.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and committed no offence. He has falsely been implicated in the present case. Both the victim ladies were also apprehended on the spot and during course of investigation their statement recorded U/s 164 of Cr.P.C. which is mentioned in para 33 and 34 of the case diary, wherein they have not whispered a single word regarding physical relation having been established by the petitioner. Both the victims are major according to their statement. No any incriminating articles have been recovered from the possession of the petitioner rather a mobile was recovered from his possession which belonged to him. It is also submitted that petitioner is languishing in judicial custody since 13.12.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mojahidpur P.S. Case

Patna High Court CR. MISC. No.45332 of 2023(3) dt.28-08-2023 3/3 No.481 of 2022 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 Judicial Magistrate 1st Class, Bhagalpur.

(Sunil Kumar Panwar, J) lata/- U T