Mahi @ Bina Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46159 of 2023 Arising Out of PS. Case No.-1175 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Mahi @ Bina Kumari W/O Vikki Yadav @ Vikky Yadav R/O Village- Purani Dyodhi, Ps. Barari, Dist. Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Kotwali (Barari) P.S. Case No. 1175 of 2022 registered for the offences punishable under Sections 370/370A/120B/34 of the Indian Penal Code and Sections 3/4/5/6/7 of the Immoral Traffic Prevention Act and Sections 18C/27(B)(ii)/28/28(A)/36AC of Drugs and Cosmetic Amendment Act pending in the Court of learned Additional Sessions Judge-I, Bhagalpur.

3. Allegation against the petitioner is that she along with other co-accused persons are involved in the immoral trafficking and trapped girls on some pretext and force them to work as a prostitute.

Patna High Court CR. MISC. No.46159 of 2023(2) dt.24-08-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5. Learned APP for the State vehemently opposed the bail petition and submitted that the statement of the victim recorded under Section 164 Cr.P.C. in which the victim had stated that the accused persons including the petitioner are involved in the immoral trafficking and they also force them to work as prostitutor.

6. Considering the facts and circumstances of case and also the statement of victim recorded under Section 164 Cr.P.C., I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) saurabhkrsinha/- U T