Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4010 of 2021 Arising Out of PS. Case No.-286 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== SUNITA DEVI, W/o Yogesh Bind Resident of Village- Akorhi, P.S.- Belaon, Distt- Kaimuar at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Om Prakash Pandey, Advocate For the Opposite Party/s :
Mr. A.L. Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-03-2021 Heard Mr. Om Prakash Pandey, learned Counsel for the petitioner and Mr. A. L. Pandit, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Kudra Police Station Case No. 286 of 2020, disclosing offences under Sections 372, 373, 366, 368, 327 and 120(B) of the Indian Penal code and Section 4/5 of Immoral Traffic Prevention Act, 1956.
The allegation, as per the First Information Report is that the police got secret information that Innova car bearing Registration No. UP65AZ4509 was standing at the southern flank of N.H.2 near Kudra Block, proceeded towards place of occurrence and found that in the said car, 4-5 persons were sitting along with lady speaking Rajasthani language. It has
2/4 further been alleged that they were negotiating for the sale of the young girls and upon seeing the police party, they started fleeing away and two girls who were standing outside the car also tried to flee away but they were apprehended by the police. It has further been alleged that one Manju Devi @ Gaytri Devi, who was apprehended from the car, runs an orphan care home and is engaged in purchase and sale of girls and on the date of occurrence, one Munni Devi had brought Pooja Devi and Sunita Devi, who are already married to sell them by showing them to be unmarried. It has further been alleged that another girl, Pooja Devi disclosed that one of the apprehended persons Azad Dixit s/o Ram Singhasan Dixhit of Village Akordhi, P.S. Belaon, District Kaimur is her husband, who brought her to Kudra on pretext of an outing and was negotiating to sale her with Munni Devi for a sum of Rs. 3 lakhs.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged, as would be evident from the First Information Report and from perusal of the same, it would be clear that Pooja Devi and Sunita Devi, i.e., the petitioner, were standing outside of the car and Munni Devi was trying to sell them showing them as unmarried as such Pooja Devi and Munni Devi were victims but
3/4 the police has falsely implicated Sunita Devi in the present case and Pooja Devi, who is similarly situated has been made as a witness and her statement under Section 164 Cr.P.C. has been recorded. Learned counsel further submits that the husband of the petitioner has a sweet shop at Kudra and she is having no criminal antecedent and she is a local resident of Kudra Block having no connection with the other accused persons. Learned counsel further submits that petitioner is in custody since 10.09.2020 and the other accused persons who were found sitting in the said Innova Car along with Manju Devi have been enlarged on bail by Coordinate Bench of this Court in Cr. Misc. No.39405 of 2020.
Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that other co-accused persons who were arrested from car along with Manju Devi, have been granted bail by this Court and the petitioner is in custody since 10.09.2020, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, Sunita Devi, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Bhabua at Kaimur, in connection with
4/4 Kudra Police Station Case No. 286 of 2020.
It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) sanjeev/- U T