Patna High CourtCR. MISC./50968/2016bail granted

Sairul Nisha @ Sairun Nisha v. The State Of Bihar

2016-12-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50968 of 2016 Arising Out of PS.Case No. -38 Year- 2016 Thana -MAHILA P.S. District- KISANGANJ ====================================================== Sairul Nisha @ Sairun Nisha Wife of Zahid Hussain resident of VillageHaskunda(Panjipara), P.S. Gowal Pokhar, District- Uttar Dinajpur(W.B.). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 370 of the Indian Penal Code and 4/5 of Immoral Traffic Act.

The allegation against the petitioner is that she is running a brothel house in which she was engaged in immoral trafficking business.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.09.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been

Patna High Court Cr.Misc. No.50968 of 2016 (3) dt.16-12-2016 2/2 made accused due to mistake of fact. The statement of victim under section 161 of the Cr.P.C. was recorded in para-15 of the case diary. No allegation has been made against the petitioner by her. She has further been examined under Section 164 of the Cr.P.C., where she has not named the petitioner. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Kishanganj, in connection with Kishanganj Mahila P.S. Case No. 38 of 2016.

(Sudhir Singh, J.) Amit/- U T