Anwar v. The Sate Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51499 of 2019 Arising Out of PS. Case No.-272 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.

ANWAR Son of Late Sazzad E Bhikari Resident of Village - Bishanpur, P.S.- Kochadhaman, Distt - Kishanganj.

2.

Seema Naz Wife of Anwar Resident of Village - Bishanpur, P.S.- Kochadhaman, Distt - Kishanganj.

... ... Petitioner/s

Versus

THE SATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 This application, for grant of anticipatory bail, arises out of Bahadurganj P.S. Case No. 272/18 (Spl. Case No. 27 of 2018), disclosing offences under Sections 370, 372, 376, 120B of the Indian Penal Code and Section 3, 4 and 5 of Immoral Traffic Act and Section 4, 6 of POCSO Act. Allegation as per F.I.R. is that the informant was taken by one Afroz and, thereafter, the said Afroz handed over the informant to one Md. Chand, who confined her and forced her to do prostitution, however, the informant anyhow managed to flee away from there. Petitioners are not named in the F.I.R. their names transpired on confession of co-accused Md. Chand. Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.51499 of 2019(3) dt.04-11-2019 2/2 that they have falsely been implicated in this case and main allegation is against co-accused Afroz, Md. Chand and one driver and against these petitioners, there is only allegation of guarding the girls in house.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -I-cum-Special Judge at Kishanganj, in connection with Bahadurganj P.S. Case No. 272/18 (Spl. Case No. 27 of 2018), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T