Mohammad Nazim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44496 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- PURNIA RAIL P.S. District- Katihar ====================================================== 1.

MOHAMMAD NAZIM, Son of Abdul Wahid, Resident of villageBochgaon, P.S.- Jalalgarh, District- Purnea 2.

Mohammad Ragib, Son of Abdul Wahid, Resident of village- Bochgaon, P.S.- Jalalgarh, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar Singh, Adv.

For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners seek regular bail in connection with Rail Purnea P.S. Case No. 04 of 2023, dated 18.05.2023 registered for the offences punishable under Sections 370(5) and 374 of the Indian Penal Code and Section 75 of the J.J. Act.

3. The main submissions advanced by learned counsel Mr. Raghvendra Kumar Singh appearing for the petitioners are that the petitioners have fair and clean antecedent and as per FIR the instant matter relates to human trafficking of children but the said allegation is completely false, in fact the children detailed in the FIR were going with the petitioners to obtain education in a better institute where they would have got

Patna High Court CR. MISC. No.44496 of 2023(2) dt.25-07-2023 2/2 free accommodation and education and at the time of inquiry some of the children became confused and afraid and they could not disclose the actual facts before the police, owing to which the FIR of the instant matter was lodged. Further submissions are that the petitioners have been languishing in jail since 18.05.2023 and against them the investigation has been completed.

4. Learned APP Dr. Mrityunjaya Kr. Gautam appearing for the State has opposed the prayer for bail.

5. Having regard to the facts and circumstances of this case, considering the above submissions and mainly the completion of investigation against the petitioners and their fair and clean antecedent, in my opinion, it is a fit case for bail to the petitioners. Accordingly, let the petitioners named-above be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Rail Purnea P.S. Case No. 04 of 2023.

(Shailendra Singh, J.) Maynaz/- U T