Arti Devi @ Arti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67133 of 2023 Arising Out of PS. Case No.-573 Year-2018 Thana- BRAHMPUR District- Buxar ====================================================== Arti Devi @ Arti Kumari D/O Dadan Sah @ Dadan Prasad Kanu Resident Of Village- Raghunathpur, P.S- Brahmpur, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-12-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Brahmpur P.S. Case No. 573 of 2018 registered for the offence under Sections 363, 366A, 376D, 370, 367, 368, 342/34 of the Indian Penal Code and Section 4 of the POCSO Act.

4. As per the prosecution case, the informant's daughter went missing and the informant suspected the hand of the petitioner and other accused persons in the same. The minor victim has been recovered and in her statement recorded under Section 164 of the Cr.P.C. she has said that this petitioner along with Manju Devi and others were involved in human trafficking

Patna High Court CR. MISC. No.67133 of 2023(3) dt.13-12-2023 2/3 and the she was sold in Rajasthan.

5. Learned counsel for the petitioner submits that the petitioner is innocent and she has falsely been implicated in this case as the FIR has been registered after two months of occurrence. He further submits that the original dispute is with regard to the payment for working in the Orchestra and therefore the petitioner had been made accused in this case and even if the statement of the victim girl is believed, nothing can be said against the petitioner that he was involved in human trafficking.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 21.08.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. 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 Additional District and Sessions Judge, VI-cumSpecial Judge, POCSO in connection with Brahmpur P.S. Case No. 573 of 2018.

Patna High Court CR. MISC. No.67133 of 2023(3) dt.13-12-2023 3/3

10. The petitioner will mark her attendance at Brahmpur Police Station on the first and third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner. (Sandeep Kumar, J) Vikas/- U T