Punam Bhatiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30363 of 2017 Arising Out of PS.Case No. -121 Year- 2017 Thana -PATLIPUTRA District- PATNA ====================================================== Punam Bhatiya, D/o Mohan Bhatiya, resident of Village- Jaipur, P.S.- Jaipur, District- Jaipur (Rajasthan).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 14.04.2017 in connection with Special P.S. Case No. 52 of 2017 arising out of Patliputra P.S. Case No. 121 of 2017 for offences punishable under Sections 3, 4, 5, 6, 7 of Immoral Traffic Act, under Section 20/22 of the N.D.P.S. Act and under Sections 467, 468, 420, 294/34 of the Indian Penal Code.

As per the prosecution, hotel R.D. INN situated at mohalla Gosaitola was raided and the petitioner along with other co-accused who were alleged to be indulged in immoral human trafficking were arrested. Allegation upon the petitioner is that she with the help of the owner is running the said illegal business.

Patna High Court Cr.Misc. No.30363 of 2017 (4) dt.25-08-2017 From the room of the petitioner some incriminating articles were recovered. Accordingly, the seizure list was prepared and copy of which was given to the arrested persons.

It has been submitted by the learned counsel for the petitioner that she is innocent, and has been falsely implicated in the aforesaid case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and only 10gm Ganja alleged to have been recovered which is less than minimum quantity. It has further been submitted that charge-sheet has already been submitted and there is no allegation of tampering of prosecution witnesses by the petitioner and that some of the accused have been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 29146 of 2017 on 06.07.2017 and Cr. Misc. No. 29847 of 2017 on 19.07.2017. He submits that the petitioner is in an advanced stage of pregnancy hence a sympathetic consideration be given.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.30363 of 2017 (4) dt.25-08-2017 Sessions Judge/Special Judge, Patna in connection with Special Case No. 52 of 2017 arising out of Patliputra P.S. Case No. 121 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating her relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of her bail bonds.

(Nilu Agrawal, J) Devendra/- U T