Shanti Devi @ Sita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66092 of 2024 Arising Out of PS. Case No.-239 Year-2024 Thana- TRIVENIGANJ District- Supaul ====================================================== Shanti Devi @ Sita Devi Wife of Late Nandelal Paswan Village- Chorni Ward no 11 PS -Sadar Police Station- Purniya, Dist- Purniya ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sumit Kumar, Adv.
Mr. Sanjeev Kumar, Adv.
Mr. Sitesh Kashyap, Adv.
For the Opposite Party/s :
Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Triveniganj P.S. Case No. 239 of 2024 dated 18.06.2024 registered for the offences punishable u/s 342, 370, 370A, 506 read with section 34 of the Indian Penal Code and Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956.
3. As per the prosecution case, on 18.06.2024, the informant received information that in the premises of the coaccused Prince Kumar @ Prakash Kumar, a racket of prostitution was going on. The informant reached the place of occurrence for verification of the said information. On being searched the said premises, three male and three female persons
Patna High Court CR. MISC. No.66092 of 2024(3) dt.04-07-2025 2/3 were found in separate room and on interrogation the coaccused Prince Kumar disclosed that he is running a brothel house in his premises and the co-accused, Anuplal Sardar, Birbal Kumar Sinha and Md. Nasim were regularly visiting here. It is further alleged that the petitioner Shanti Devi has brought girls and handed over to the co-accused Prince Kumar and they forced them for prostitution. Further a search was conducted, Rs. 11,460/- and one mobile phone were recovered from the conscious possession of the co-accused, Prince Kumar and from the conscious possession of the co-accused, Anuplal Sardar, Birbal Kumar Sinha and Md. Nasim, one mobile phone from each of them was recovered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The recovered mobile phone belongs to the petitioner and no incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the victims in their statements recorded u/s 164 of the Cr.P.C. (as Annexure-P/2 series kept in a supplementary affidavit filed on behalf of the petitioner) have not taken the name of the petitioner in the alleged offence. The other co-accused person has already been granted bail by this
Patna High Court CR. MISC. No.66092 of 2024(3) dt.04-07-2025 3/3 court vide order dated 22.11.2024 passed in Cr. Misc. No. 65637/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is a lady and she is in custody since 19.06.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the nature of allegation against the petitioner, as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Triveniganj P.S. Case No. 239 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T