Md. Mamin Ali @ Md. Momin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 49697 of 2019 Arising Out of PS. Case No.-281 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

MD. MAMIN ALI @ MD. MOMIN Son of Babul Hussain Resident of Village-Aurbora, P.S-Chachal, District-Maldah (West Bengal). 2.

Md. Zhanay @ Md. Jane Son of Rustam Resident of Village-Boha Tola, P.S. and District-Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate Smt. Soni Srivastava, Advocate For the State :

Mr.Ranjan Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2020 Heard the parties.

Petitioners seek regular bail in connection with Sitamarhi P.S. Case No. 281 of 2019 registered for the offence punishable under Sections 363, 365, 370, 370A, 372, 373, 376, 120(b)/34 of the Indian Penal Code, Sections 3, 4, 5 and 6 of Immoral Traffic Act, Sections 4 and 6 of POCSO Act and Section 75 of Juvenile Justice Act.

The police raided the house of one co-accused and apprehended some minor girls from there as well as this petitioner and it is said that this petitioner is engaged in selling the girls in brothel house for their immoral trafficking. Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No. 49697 of 2019(5) dt.02-03-2020 2/2 that, the statement of the girls has been recorded under Section 164 Cr.P.C. but they have not named these petitioners and as such there is nothing against them. Petitioners are in custody since 15.05.2019.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional District and Sessions Judge-I-cum-Special Judge POCSO Act, Sitamarhi in connection with Sitamarhi P.S. Case No 281 of 2019. Accordingly, this application is allowed.

(Vinod Kumar Sinha, J) SONALI/NirajU T