Kashmira Begum @ Rupa Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29661 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -MAHILA P.S. District- SIWAN ======================================================
1. Kashmira Begum @ Rupa Devi w/o Pappu Hasmi, resident of VillageHasanpura Chatti, P.S.- M.H. Nagar, District- Siwan
2. Muskan @ Jinnat daughter of Late Qaum resident of Kela Bagan, College Street, P.S. Haworah, District- Haworah (W. Bangal) .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.33439 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -MAHILA P.S. District- SIWAN ======================================================
1. Sagar Jaiswal @ Keshu son of Sri Harendra Sah, resident of VillageHarpur Pipra, P.S.- Gaunaha, District- Bettiah
2. Amirul Naiyer son of Kashim Naiyer resident of Village- Saurbariya Kumr Khali 7, P.S. Keni Jeevantala, District- 24 Pargana West Bengal .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.29661 of 2016) For the Petitioners : Mr. Anil Chandra For the Opposite Party : Mr. Sri Gajendra Prasad Yadav (In Cr.Misc. No.33439 of 2016) For the Petitioners : Mr. Anil Chandra For the Opposite Party : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2016 The 164 Cr.P.C. statement of the victim girl has been filed by way of supplementary affidavit on behalf of the petitioners. The same be kept on record.
Heard learned counsel for the petitioners and learned
Patna High Court Cr.Misc. No.29661 of 2016 (3) dt.06-09-2016 2/3 counsel for the State.
The petitioners are languishing in custody in connection with Mahila P.S. Case No. 35 of 2016 for the offences instituted under Sections 346, 366A, 367, 370, 370A, 372, 373, 376 of the Indian Penal Code, Sections 3, 4, 5, 6, 7, 8 of Immoral Traffic Act and Sections 6, 8, 12, 13 and 14 of POCSO Act. The prosecution case, in brief, as alleged in the First Information Report, is that the petitioners are said to have indulged in immoral trafficking act and earned money for their livelihood.
Petitioners are in custody since 24.05.2016. The charge sheet has been submitted in the present case. There is no criminal antecedent against the petitioners. No allegation of tampering of witnesses alleged against the petitioners. The petitioners were working in an Orchestra party, where police raid was made. The victims in their 164 Cr.P.C. statement have not alleged any physical or sexual abuse against these petitioners. On behalf of the state, it has been submitted that the petitioners are named in the First Information Report. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the
Patna High Court Cr.Misc. No.29661 of 2016 (3) dt.06-09-2016 3/3 like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Siwan, in connection with Mahila P.S. Case No. 35 of 2016.
(Sudhir Singh, J.) Amit/- U T