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Patna High CourtCR. MISC./47615/2023allowed

Salekhan Khatoon @ Salikhan Khatoon v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47615 of 2023 Arising Out of PS. Case No.-434 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== SALEKHAN KHATOON @ SALIKHAN KHATOON W/O MD JABIR R/O VILLAGE- ZERO MILE GULABBAGH, PS. SADAR, DIST. PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 342, 353, 366(A), 370(S), 371, 372, 373, 376, 120B of the Indian Penal Code; Sections 3, 4, 5, 6, 7 and 9 of the Immoral Traffic Act; Sections 75, 81, 84 of the J.J. Act and Sections 3, 4, 5, 6, 7, 8, 9, 10 of the POCSO Act.

3. As per prosecution case, the petitioner and others co-accused are alleged to have been indulged in immoral

Patna High Court CR. MISC. No.47615 of 2023(4) dt.17-10-2023 2/3 activity of human trafficking for the purpose of carry out the flesh trade.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act against the petitioner. The victim is a major girl and has not been recovered from the house of the petitioner. He further submitted that from the perusal of the FIR, there is no allegation against the petitioner forcibly done illegal work and the petitioner is habitant in read light area due to which the local politics the police made accused in this case. No incriminating article has been recovered from the possession of the petitioner. He is languishing in judicial custody since 14.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, being a lady as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.47615 of 2023(4) dt.17-10-2023 3/3 satisfaction of the learned VIth Additional Sessions Judge-cumSpl. Judge, (POCSO) Purnea in connection with Purnea Sadar P.S. Case No. 434 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T