Md. Iliyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38706 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Md. Iliyas, Son of Late Dhuchar Khalipa @ Late Dhuchar Khalifa, Resident of Village- Red Light Area, Ward No.3, P.S.- Forbesganj, DistAraria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Araria Mahila P.S. Case No. 30 of 2017 instituted for the offence under Sections-370, 371/34 of the Indian Penal Code and Sections-4, 5 & 6 of the Immoral Traffic Protection Act.

It is alleged in the written report that one girl namely Rani Devi was apprehended from house of this petitioner on the information that immoral activities are being done in the house. The said Rani Devi gave her statement u/S 164 of the Cr.p.C. vide Annexure-4, wherein she stated that she was doing domestic work in house of the petitioner. She has alleged that one Fatima told her to indulge in flesh trade and to give Rs. 20,000/-.

As such, there is no any allegation of overt act against this petitioner.

Patna High Court Cr.Misc. No.38706 of 2017 (3) dt.05-09-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Araria Mahila P.S. Case No. 30 of 2017 to the satisfaction of Sri Ashish Ranjan, learned Judicial Magistrate-Ist Class, Araria subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T