Saroj Rai @ Saroj Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71939 of 2023 Arising Out of PS. Case No.-250 Year-2023 Thana- SIMRI District- Buxar ====================================================== SAROJ RAI @ SAROJ RAJBHAR son of Ramnath Rai @ Rajbhar VillageMarava Ps- Buxar Ind. Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 370A, 376 and 120B of the Indian Penal Code, Section 4 of the POCSO Act and Sections 3, 4, 5, 7, 8 and 9 of the Immoral Traffic Prevention Act.

3. The allegation against the petitioner along with others is of engaging in immoral trafficking with the minor girls.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.71939 of 2023(2) dt.07-11-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner is a handicapped persons and he is 40% disabled due to post polio deformity RR Lower legs and a certificate for handicapped is issued by the doctor of Bone specialist, Sadar Hospital, Buxar. On the basis of suspicion, the name of the petitioner has come into light. From the perusal of the FIR, it is not clear that the petitioner has indulged in such Immoral Traffic work rather it was done by other co-accused, where the petitioner is working labour as cleanliness in the house of co-accused. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 05.10.2023 passed in Cr. Misc. No. 62357 of 2023. He is languishing in judicial custody since 20.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.71939 of 2023(2) dt.07-11-2023 3/3 satisfaction of the learned ADJ-6th-cum-Special Judge, POCSO, Buxar in connection with Simri P.S. Case No. 250 of 2023. (Sunil Kumar Panwar, J) Arish/- U T