Md. Abbas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69182 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- FORBESGANJ District- Araria ====================================================== Md. Abbas S/o- Dular Khalifa Resident of village- Rampur north Police station- Forbesganj District-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 68454 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- FORBESGANJ District- Araria ====================================================== Md. Jabbar @ Md. Zabbar Son of Dhotar Khalifa Resident of village - Referral Road, Ward No.- 03, P.S.- Forbesganj, Dist.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 69182 of 2025) For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP (In CRIMINAL MISCELLANEOUS No. 68454 of 2025) For the Petitioner/s :
Mr. Ramesh Kumar Singh For the Opposite Party/s :
Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-01-2026 As both these bail applications arise out of the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
3. The petitioners apprehend their arrest in a case registered for
2/4 the offences punishable under Sections 111, 98, 99, 70 (1), 115 (2), 109, 124 (1), 3(5) of the B.N.S. and Sections 3/4/5/6 of the Immoral Traffic (Prevention) Act, 1956.
4. The allegation in the first information report is based on the statement of S.H.O. that a girl had been subjected to forcible flesh trade by the accused persons including the present petitioners.
5. It is submitted by learned counsel for the petitioners that it would be apparent from the first information report itself that the victim girl who was recovered by the police personnel during the course of patrolling, stated that she had been sold and confined at certain places and the police raided the place. It is further submitted that the police got information from the brother of the victim who informed the police with regard to whereabouts of the victim girl, whereafter a raid was conducted at the house of one Fuchka and the girl was recovered from the said place. However, the names of the petitioners have figured in the First Information Report generally among the persons who are involved in flesh trade. It is further submitted that upon such information, a raid was conducted at the house of the petitioners also, however neither any girl was recovered nor any objectionable material/article was recovered and, that too,
3/4 was done in absence of any independent witnesses. Further, it would also appear from the statement of the victim girl recorded under Section 183 BNSS that the names of the petitioners does not figure in her statement, although she has supported the allegation that she was being subjected to flesh trade.
6. Learned APP for the State opposed the prayer for bail.
7. Taking into consideration the facts and circumstances of the case and also considering the fact that the names of the petitioners has not been disclosed in the statement of the victim recorded under Section 183 BNSS, coupled with the fact that neither any girl nor any objectionable material was recovered from the house of the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on 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 lower Court where the case is pending/successor Court in connection with Forbesganj P.S. Case No.218 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to
4/4 further conditions that (i) One of the bailors would be the family member/close relative of the petitioners.
(ii) The petitioners would make themselves available before the Investigating Officer as and when required and in case of noncooperation in the investigation/trial, the prosecution would be at liberty to file an application for cancellation of bail bonds of the petitioners.
(Soni Shrivastava, J) Trivedi/- U T