Naem Mian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45153 of 2018 Arising Out of PS.Case No. -93 Year- 2018 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Naem Mian, S/o Abdul Gafar, resident of Village- Khawaspur, P.S.- Basantpur, District- Siwan.

2. Munna Mian, s/o Md. Wasim, resident of Village- Simari Bakhteyarpur, P.S.- Simri Bakhteyarpur, District- Saharsa, At present- resident of VillageChorauli, P.S.- Bhagwanpur Hat, District- Siwan. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-09-2018 Heard learned counsel for the petitioners.

Petitioners pray for bail in connection with Bhagwanpur Hat P.S.Case No. 93 of 2018 registered for the offences punishable under Sections 372, 376/34 of the Indian Penal Code and Sections 3, 4 & 5 of Immoral Traffic Act, including Section 14 of POCSO Act.

Allegation against the petitioners is that they have engaged the informant and her daughter in orchestra party and they have committed rape upon her daughter.

Submission of learned counsel for the petitioners is that as a matter of fact there was some dispute between the lady dancer and the owner of the orchestra party on payment of the agreement

Patna High Court Cr.Misc. No.45153 of 2018 (4) dt.10-09-2018 2/2 amount and then this false case was lodged with a view to grab the advance money given to them and moreover they have compromised the case also.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioners. Hence, prayer for bail of the petitioners is rejected. (Vinod Kumar Sinha, J) spal/- U