Patna High CourtCR. MISC./40269/2019dismissed

Usha Devi @ Usha Bai v. The State Of Bihar

2019-09-18Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40269 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- BARH District- Patna ====================================================== Usha Devi @ Usha Bai W/o Sri Mahendra Prasad R/o Salempur Barh Market, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-09-2019 Heard Mr. Ajay Kumar Thakur, learned Advocate for the petitioner and Mr. Chandrasen Prasad Singh, learned APP for the State.

The petitioner seeks bail in connection with Barh P. S. Case No. 132 of 2019 dated 12.03.2019 instituted for the offences under Sections 370, 376(A)(B) of the Indian Penal Code, Sections 4 and 6 of the POCSO Act, 2012 and Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention Act, 1956.

The house of the petitioner appears to have been raided on the complaint regarding abduction of a minor girl. During the course of raid, it was found that some girls were made to sing and dance for customers in the rooms of the

Patna High Court CR. MISC. No.40269 of 2019(3) dt.18-09-2019 2/2 aforesaid house belonging to the petitioner.

It has been submitted by Mr. Ajay Thakur, learned counsel for the petitioner that the petitioner is an old lady who had given her house on rent to one Neelam Devi. The petitioner was under an impression that her house which has been taken on rent is being used for residential purposes. The victim girl in her statement under Section 164 Cr.P.C. has not named the petitioner but has named her friends who had brought her in the aforesaid flesh trade and while narrating her harrowing experience, has also talked about one Kajal and Neelam Devi, the tenant of the petitioner.

Considering the nature of accusation against the petitioner and her period of custody which is from 13th of March, 2019, I am not inclined to grant bail to her for the present.

This petition is dismissed.

(Ashutosh Kumar, J) skm/- U