Manzoor Khalifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42127 of 2023 Arising Out of PS. Case No.-516 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Manzoor Khalifa Son Of Late Shankar Khalifa R/V Boha Tola, P.S. Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 365, 366(A), 370, 370(A), 372, 373, 376, 120(B)/34 of the Indian Penal Code, 3, 4, 5, 6 of the Immoral Traffic Act, section 4/6 of the POCSO Act and sections 75, 79 of the Juvenile Justice Act. According to the FIR, allegation against the petitioner is that he was indulged in Immoral traffic of minor girls which was being run in the house of petitioner. Two minor girls were recovered. Thereafter, this case has been registered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motive. Neither the petitioner was arrested on spot nor any objectionable

Patna High Court CR. MISC. No.42127 of 2023(2) dt.21-07-2023 2/2 article has been recovered from his conscious possession. It is also evident from para-3 of the supplementary affidavit that as alleged two minor girls were recovered from house of the petitioner but both the victims have not stated any complicity of the petitioner in their statement recorded u/s 164 of Cr.P.C. Similarly situated other co-accused persons of this case have already been granted bail by different co-ordinate Bench of this Court. Moreover, he is languishing in custody since 22.8.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sitamarhi P.S. Case No. 516 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-Special Jduge, POCSO Act, Sitamarhi.

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