Nagina Khatoon And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72355 of 2018 Arising Out of PS. Case No.-392 Year-2018 Thana- PURNEA SADAR District- Purnia ======================================================
1. Nagina Khatoon, Wife of Md. Salim
2. Md. Firoz, Son of Md. Hadish
3. Md. Kurwan, Son of Md. Hadish
4. Mahfuz Alam@ Mangla, Son of Manjur Alam@ Kadir
5. Md. Naim, Son of Md. Muslim, All R/o Village- Ziro Mile, Gulab Bagh, P.S. Sadar, District- Purnea.
... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bidhu Ranjan For the Opposite Party/s :
Mr.Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2019 Petitioners apprehend their arrest in connection with Sadar P.S. Case No. 392 of 2018 registered for the offences punishable under Sections 341, 342, 370, 370A, 372, 373, 376, 366A, 120B of the Indian Penal Code and Sections 3, 4, 5, 6, 7 of Immoral Traffic Act, including Section 75 of J.J. Act and 3/4 of POCSO Act.
Allegation as per FIR is that police raided red light area and recovered several minor girls and it is alleged that petitioners were forcing them in flesh trade.
Submission of learned counsel for the petitioners is .that the recovered girls are the children of the petitioners and for their release Cr.W.J.C.No. 2087 of 2018 was filed before this Court and this Court vide order dated 14.9.2018 directed the State to produce all the victims before the Court concerned along with the medical report, which will take a decision for their release in accordance with law and, accordingly, the
Patna High Court Cr.Misc. No.72355 of 2018(4) dt.25-01-2019 2/2 victims were released by learned Additional Sessions judge and, as such no case is made out against the petitioners.
Heard learned APP also.
Having heard both sides and in the facts and circumstances, as stated above, let petitioners, above named, surrender within a period of six weeks from the receipt of this order and on surrender they shall be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Sessions Judge, POCSO Act. Purnea, in connection with Special Case No. 102 of 2018, arising out of Sadar P.S.Case No. 392 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T