Nafisa Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45782 of 2024 Arising Out of PS. Case No.-844 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Nafisa Khatoon W/O - Manjoor Khaliffa R/O Vill.-Boha Tola, Ward No. 9, P.S.-Sitamarhi , District- Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Arun Kumar, S.I. S.H.O., Sitamarhi Police Station, Distt. - Sitamarhi Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sitamarhi P.S. Case No. 844 of 2023 dated 08.11.2023 registered for the offences punishable under Sections 365, 363, 366A, 370, 370A, 373, 376, 120B/34, 372 of the I.P.C., Sections 3, 4, 5, 6 of the Prevention of Immoral Trafficking Act, Sections 4 and 6 of the POCSO Act and 75 of the Juvenile Justice Act.
3. As per the prosecution case, the informant got information that the business of flesh trading is being run in red light area, Bohatola. Thereafter, a raiding party was constituted
2/4 and the house of the co-accused Manjoor Khalifa was raided and from his house, one minor girl and two major girls were recovered. It is further alleged that one minor girl who belongs to Patna said that one Rahul Kumar who is the resident of Darbhanga and was working in Patna on the pretext of marriage took her to Sitamarhi and sold to the co-accused persons Raja Khalifa, Manjoor Khalifa, Ramjan Khalifa and Aanchal Devi, W/O Raja Khalifa for Rs. 9,00,000/- and thereafter they started doing business of flesh trading from her. Other two girls are daughters of the Manjoor Khalifa and they said that in the protection of their father, business of flesh trading is going on in their house and they are not on fault.
It is further alleged that the informant also recovered one minor girl and two major girls from the house of the co-accused Raja Khalifa who is the sonin-law of the co-accused Manjoor Khalifa and on interrogation, she said that one Raju on the pretext of love marriage took her to Sitamarhi and sold to the co-accused Raja Khalifa who is the son-in-law of the Manjoor Khalifa and Meena Khatoon who is the sister of Manjoor Khalifa one year ago for Rs. 10,00,000/- thereafter they started doing business of flesh trading from her and she used to earn Rs. 250/- from per customer which was being kept by Meena Khatoon.
3/4 they are doing business of flesh trading in the protection of the co-accused Raja Khalifa and Manjoor Khalifa.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a lady and she is made accused in this case only because she is the wife of the co-accused, Manjoor Khalifa. Learned counsel has submitted that from the house of the petitioner three girls have been recovered but two girls are the daughters of the petitioner and the another girl is the resident of red light area and was doing the job of maid. The other coaccused person has already been granted regular bail by this court vide order dated 24.06.2024 passed in Cr. Misc. No. 8910/2024. The victims in their statements recorded u/s 164 of the Cr.P.C. has not stated anything regarding sexual assault. The petitioner has two criminal antecedents as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs.
4/4 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sitamarhi in connection with Sitamarhi P.S. Case No. 844 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T