Titalee Devi @ Titalee Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50345 of 2016 Arising Out of PS.Case No. -415 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Titalee Devi @ Titalee Khatoon w/o Bablu Khalifa, R/o Ballia (Pokharia), P.S. - Ballia, Dist - Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsels for the Petitioner, the State and the informant.

The Petitioner seeks bail in POSCO case No.55 of 2016 arising out of Begusarai Town P.S. case No.415 of 2016 instituted for the offence under Sections 363, 365, 366A, 372, 373, 370(II), 370(IV), 370(e)/34 of the Indian Penal Code as well as Sections 3, 4, 5, 6 of the Immoral Traffic Act and Sections 4/8 of the POCSO Act, pending in the court of Special Judge (POSCO Act)-cumAdditional Sessions Judge I, Begusarai. Allegation against the petitioner is that she indulged in immoral act, who received Rs.300/- from a man and compelled the victim to do immoral act with that man.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.9.2016 and the charge sheet has

Patna High Court Cr.Misc. No.50345 of 2016 (4) dt.15-12-2016 been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is named in the F.I.R. He has been made accused due to mistake of fact. The allegations made in the F.I.R. are denied. The medical examination report does not support the allegations made in the F.I.R.

On behalf of the State and learned counsel for the victim, it is submitted that the petitioner has been involved in flash trading. The victim has been examined under Section 164 Cr.P.C. where she has supported the allegations made in the F.I.R. She was taken to a brothel.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The Court below is directed to take all necessary steps to expedite the trial.

(Sudhir Singh, J) Narendra/- U T