Soni Khan @ Soni Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56913 of 2021 Arising Out of PS. Case No.-145 Year-2020 Thana- PIRBAHOR District- Patna ====================================================== Soni Khan @ Soni Singh W/o Ashok Singh R/o- 3rd floor, Kejiya Tower, Road No. 06, A.G. Colony, P.S.- Shastri Nagar, District- Patna 800014 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate.
:
Mr. Safdar Ali, Advocate.
For the Opposite Party/s :
Mr. Manoj Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-04-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The application for grant of regular bail to the petitioner, above named, who has been made accused and put behind the bar in connection with Pirbahore P. S. Case No. 145 of 2020 registered for the offences punishable under Sections 342, 376, 506, 504 and 34 of the Indian Penal Code and Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956.
As per the prosecution case, it is alleged that the informant and her mother were used to work as maid for dusting and mopping in house of others. The petitioner lured the informant to work at the house of one Md. Irshad, who forced upon himself on the informant and had physical relation with
2/4 her and threatened her that if she would inform anybody then he would throw acid on her face. It is further alleged that the informant was forced to make physical relation with clients and thereafter, whatever money she received was taken by this petitioner.
Learned counsel appearing on behalf of the petitioner submits that the petitioner happens to be a lady and she is in custody since 09.03.2020, apart from the fact that the informant was working as a maid for a long time but she never made any complaint against anyone prior to the institution of the present case. It is further submitted that there is no allegation that the informant was kept confined or she was forced to indulge in the business of prostitution. It is also submitted that one of the co-accused persons Ruby @ Ruby Kumari has already been granted bail by co-ordinate Bench of this Hon'ble Court in Cr. Misc. No. 19094 of 2020 vide order dated 15.05.2020 (Annexure 3 to the application). It is lastly submitted that the investigation in the present case has already concluded and charge-sheet has been submitted. There is no chance of absconding of the petitioner and tampering with the evidence, apart from the fact that the petitioner is a lady and she is ready to give undertaking that she will not intimidate the
3/4 informant/witnesses nor will tamper the evidence. On the other hand, learned counsel appearing on behalf of the State opposes the bail application stating that there is serious allegation against this petitioner. Having considered the submissions made on behalf of the parties and taking into consideration the fact that the petitioner happens to be a lady and she is in custody since 09.03.2020, apart from the fact that co-accused Ruby @ Ruby Kumari has already been granted bail by co-ordinate Bench of this Hon'ble Court in Cr. Misc. No. 19094 of 2020 vide order dated 15.05.2020, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna/successor court in connection with Pirbahore P. S. Case No. 145 of 2020, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) She will remain present on each and every date of trial till disposal of the case.
4/4 (iii) She will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.
(iv) In the event of default of two consecutive dates without any cogent reason, her bail bonds will liable to be cancelled.
(Harish Kumar, J) Shakir/- U T