Khagendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50891 of 2015 Arising Out of PS.Case No. -463 Year- 2013 Thana -PURNEA SADAR District- PURNIA ====================================================== Khagendra Mandal Son of Satya Narain Mandal, resident of village - Chapai, P.S. Maranga, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Sri Vijay Shankar Shrivastava, Advocate. For the Opposite Party/s : Smt. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 341, 342, 372, 373, 376, 366A, 120(B) of the Indian Penal Code, Sections 3, 4, 5, 6, 7 of the Immoral Traffic (Prevention) Act, Section 23 of the Juvenile Justice Act and Section 4 of POCSO Act.

The police raided Gulab Bag red-light area and apprehended many girls. The apprehended girls disclosed that Munni Khatoon, Guddi Khatoon and the petitioner are the kingpin of sex racket. It is submitted that the police, after investigation, submitted final form but cognizance was taken differing with the finding of the investigating officer. Similarly situated co-accused, Munni @ Munni Khatoon and Guddi Khatoon have been granted anticipatory bail vide order passed in Cr. Misc. 11494/2014.

Patna High Court Cr.Misc. No.50891 of 2015 (2) dt.08-12-2015 2/2 It appears that there is a very specific allegation against the petitioner that the petitioner was the kingpin and he was running the brothel from where many girls were recovered. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Suppl. Special Case No. 04 of 2013, arising out of Sadar P.S. Case No. 463/2013. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced by this order and taking into consideration that similarly situated other accused persons have been enlarged on bail and the bail petition of the petitioner shall be disposed of, preferably, on the same day.

(Prabhat Kumar Jha, J) Dilip/- U T