Muslim Khalifa @ Md. Muslim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23578 of 2015 Arising Out of PS.Case No. -63 Year- 2012 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Muslim Khalifa @ Md. Muslim son ofLate Dhuthar Khlaifa @ Dhutar Khalifa R/o village- Rampur Uttar Ward No. -03, P.s.- Forbesganj, DistrictAraria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Md. Ansural Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner is apprehending his arrest in K. Hat P.S. Case No. 170 of 2014 registered under sections 341, 342, 372, 373,376, 370C, 366A, 366, 120B of the Indian Penal Code and 23 of the J.J. Act, 3 , 4, 5, 7 of the Prevention of Immoral Trafficking Act.
Prosecution case, in brief, is that the police officer constituted a raiding team and raided the red light area of Forbesganj against the flesh trade and Human Trafficking where he apprehended 44 persons named in the FI.R in objectionable condition with the women and girls. The women and girls were also apprehended numbered in 25 and they were produced before r
Patna High Court Cr.Misc. No.23578 of 2015 (2) dt.06-07-2015 2/3 the Chairman of C.W.C Geeta Ghosh. Upon inquiry by the informant from the male persons as to why they were present there but no satisfactory reply was given then the informant suspected that the 44 apprehended persons have visited here for immoral purposes. The female inmates were sent for medical examination. It is alleged by the informant that one Md. Gainul son of Md. Rafique is the king pin of the business and he managed to escape. On the basis of aforesaid allegation present FIR has been lodged vide Forbesganj P.S. Case no. 63 of 2012.
It has been submitted on behalf of the petitioner that petitioner is not named in the first information report though the first information report has been instituted against 45 persons who were taken into custody in the present case when a raid was made on brothel. In couse of investigation the name of the petitioner has come on the basis of suspicion as he has also a tea stall in the said red light area. Except this there is no other material against the petitioner to implicate him in the present case. On behalf of the Stated it is submitted that the name of the petitioner has appeared in the present case on investigation. .
Considering the fact that the name of the petitioner has come on the basis of suspicion, the above named
Patna High Court Cr.Misc. No.23578 of 2015 (2) dt.06-07-2015 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in Forbesganj P.S. Case No. 63 of 2012, subject to the conditions as laid down under section 438(2) Cr.P.C.
(Sudhir Singh, J) M.Rahman/- U T