Usman @Md. Usman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67593 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- RAUTA District- Purnia ====================================================== USMAN @MD. USMAN S/O- MD. RAHMAN R/O- VILLAGESHARIFGANJ, P.S.- RAUTA, DIST.- PURNEA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 342, 323, 371, 370(A), 376, 120-B of the Indian Penal Code and Section 3, 4, 5, 6, 9 of Immoral Trafficking (Prevention) Act.
3. As per allegation in the FIR, the police upon information of immoral trafficking, conducted raid in the red light area and the victim girls/ladies were rescued and amongst the accused persons, the name of this petitioner cropped up. Huge materials relating to immoral trafficking were recovered from the places where the raid was
Patna High Court CR. MISC. No.67593 of 2023(2) dt.31-10-2023 2/3 conducted.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case merely due malicious motive and high handedness of police. General and omnibus allegation has been levelled against the petitioner and other accused persons. He has no concern with the alleged occurrence. The statement of arrested victim girls has been recorded u/s 164 of Cr.P.C. wherein the victim girls did not state a single word against the petitioner even they have not taken the name of petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated other co-accused namely Shanti @ Shabana Khatoon has already been enlarged on bail by this Bench vide order dated 11.10.2023 passed in Cr. Misc. No. 64023 of 2023. Moreover, he is languishing in judicial custody since 20.06.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties
Patna High Court CR. MISC. No.67593 of 2023(2) dt.31-10-2023 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Routa P.S. Case No.89 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.1st Classcum-A.M. 2nd , Purnea. (Sunil Kumar Panwar, J) lata/- U T