Rekha Rani @ Rekha Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67157 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- RAUTA District- Purnia ====================================================== Rekha Rani @ Rekha Khatoon D/O Vilayat Khalifa Resident Of VillageSharifganj, Police Station-Routa, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Routa P.S. Case No. 89 of 2023, lodged on 18.06.2023, under Sections 341/342/323/371/370A/376/120B of the Indian Penal Code and under Section 3/4/5/6/9 of Immoral Trafficking (Prevention) Act, 1956.

3. As per the prosecution case, the FIR has been lodged against 12 named accused persons including the petitioner. In the FIR, name of the present petitioner has figured in para-3 that she has been arrested following the legal procedure and from the house of Usman.

4. Learned counsel for the petitioner submits that there is absolutely no allegation against the present petitioner in

Patna High Court CR. MISC. No.67157 of 2023(2) dt.17-10-2023 2/3 the FIR save and except that she has been arrested. Counsel submits that petitioner is neither operator nor customer nor victim. Counsel further submits that antecedent of the petitioner is clean and she is in custody since 20.06.2023. In defence, counsel for the petitioner submits that the arrested Kanchan Kumari has not been recovered from the possession of the petitioner. Counsel also submits that other co-accused have been granted bail by different coordinate Benches of this Court vide orders dated 05.09.2023 and 10.10.2023 passed in Cr. Misc. No. 59066 of 2023, Cr. Misc. No. 63495 of 2023 and Cr. Misc. No.64023 of 2023.

5. Learned counsel for the State vehemently opposes the prayer for bail and submits that from the content of FIR it transpires that the series of victims have been recovered according to the said FIR and statement of those victims under Section 164 Cr.P.C. has been taken place before the Magistrate. One victim, namely, Kanchan Kumari has narrated in paragraph-2 of her statement under Section 164 Cr.P.C. that she has been called from Patna and sold at the hand of the present petitioner and it is the petitioner who put her in flash trade and used to accept Rs.220/- per customer.

6. In this background, this Court is not inclined to

Patna High Court CR. MISC. No.67157 of 2023(2) dt.17-10-2023 3/3 grant bail to the petitioner and, therefore, the instant application is hereby rejected, (Dr. Anshuman, J) Mkr./- U T