Subodh Rai @ Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71264 of 2023 Arising Out of PS. Case No.-42 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== Subodh Rai @ Subodh Kumar S/o Lakshmeshwar Ray R/o Pirouncha, P.S. - Gaighat, District- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Shekhar Pandey, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-02-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Araria (Mahila) P.S. Case No. 42 of 2019 registered for the offences punishable under Sections 370, 370 A, 341, 342, 323, 504 and 506/34 of the Indian Penal Code.

3. The allegation against the petitioner is to involve in human trafficking, where he alongwith other co-accused persons sold informant, who is a female of 18 years against cash of Rs. 32,000/-.

4. Learned counsel appearing on behalf of the petitioner submitted that present FIR was lodged with a delay of

Patna High Court CR. MISC. No.71264 of 2023(3) dt.29-02-2024 2/3 66 days, which clearly suggests implication in a very planned and formulated manner. It is submitted that difference arises out of dispute related with labour charge, which ultimately given color of human trafficking. It is submitted that even from the face of FIR allegation against this petitioner is appearing very much general and omnibus without attributing any overt act, rather same is specific against co-accused Rupa Devi. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for bail.

6. In view of the facts and circumstances as mentioned above and by taking note of the fact as allegation regarding human trafficking is not specific against this petitioner, as same appears specific against co-accused Rupa Devi, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, Araria Bihar/concerned Court below where the case is pending in

Patna High Court CR. MISC. No.71264 of 2023(3) dt.29-02-2024 3/3 connection with Araria (Mahila) P.S. Case No. 42 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T