Patna High CourtCR. MISC./38943/2016rejected

Samser Khalifa v. The State Of Bihar

2016-10-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38943 of 2016 Arising Out of PS.Case No. -163 Year- 2015 Thana -BALIA District- BEGUSARAI ====================================================== Samser Khalifa, S/o Ghuran Khalifa, Resident of Village-chhoti Balia Mathurapur, P.S.-Ballia, District-Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2016 Heard leaned counsel for the petitioner, learned counsel for the informant and the leaned A.P.P. for the State. The petitioner apprehends his arrest in connection with Ballia P.S. Case No. 163 of 2015, registered under Sections 341, 323, 363, 366A, 379(A), 370(d), 372, 373 and 120B/34of the Indian Penal Code, Section 3, 4, 5, 6, 7, 8 and 9 of Immoral Traffic Act and Section 4/8 of POCSO Act, pending in the court of the Addl. Sessions Judge 1st-cum-Special Judge, Begusarai. The prosecution case is that the Police received secret information about flesh trading in the joint house of Kalo Khalifa and others. When Police personnel reached there, then on seeing the Police several men, women and children started to flee away. Out of them, two persons were apprehended, who disclosed their names as Gita Kumari and Neha Kumari. Both

Patna High Court Cr.Misc. No.38943 of 2016 (2) dt.06-10-2016 2/2 were admitted about their enticing away from their village and indulged in flesh trading. Victim Neha Kumari also disclosed the name of several persons, including the petitioner, who indulged her in flesh trading.

Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within six weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T