Md Anwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55420 of 2023 Arising Out of PS. Case No.-553 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Md Anwar S/O Md. Sultan R/O Village- Rafral Road, Ward No. 03, Rampur Uttar, Ps. Forbesganj, Dist. Araria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kishore Bharti For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 342, 370A of the IPC, Sections 3(ii), (a), (b), 4, 5, 6, 7 and 9 of the Immoral Trafficking Act and Sections 4, 6, 8, 10 and 17 of the POCSO Act.
3. Prosecution case in short, is that, police got information that immoral trafficking is being conducted in the house of one Md. Kalam and Md. Nasim, thereafter, the police team raided that place and recovered many objectionable articles along with three minor girls and two major girls. Further, from the house of one Md. Nasim, this petitioner along with two girls have been arrested.
Patna High Court CR. MISC. No.55420 of 2023(2) dt.30-08-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that nothing incriminating article has been recovered from the conscious possession of the petitioner. It is also submitted from para-12 of this petition that the two ladies who were recovered along with this petitioner in the house of one Md. Nasim in which first lady is the wife of Md. Nasim and the second lady is next door neighbour of Md. Nasim. Nothing specific allegation of committing crime against this petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.06.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Forbesganj P.S. Case No. 553 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.55420 of 2023(2) dt.30-08-2023 3/3 satisfaction of learned Additional Sessions Judge-VI-cum Special POCSO Court, Araria.
(Sunil Kumar Panwar, J) shubham/- U T