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Patna High CourtCR. MISC./69990/2022allowed

Md. Firoz @ Firoz Ansari v. The State Of Bihar

2023-02-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69990 of 2022 Arising Out of PS. Case No.-865 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== MD. FIROZ @ FIROZ ANSARI S/o Md. Taslim @ Muslim Ansari R/o Mohalla- Garariya Khand, Jehanabad Town, P.S.- Jehanabad, DisttJehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 370(A)/34 of the Indian Penal Code, section 3, 4, 5, 6 of the Immoral Traffic Prevention Act and Section 8 of the POCSO Act. As per prosecution case, the informant being a police official, after receiving a secret information of immoral trafficking, raided the Omkara rest house and Sheo Satya rest house. It is alleged that some boys and girls including this petitioner were recovered in unwanted condition from the aforesaid rest house.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69990 of 2022(2) dt.23-02-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the victim and the petitioner appeared before the I.O. and stated that with the consent of their families, both were already engaged on 6.7.2022. After engagement, the victim girl and the petitioner were spending their good time in rest house, in the meantime, raid was conducted by the police and on the basis of mistaken notion, this petitioner was arrested and this fact is mentioned in para 8 & 9 of the petition. Moreover, similarly situated co-accused Rohit Raj has already been granted bail by this Court vide order dated 9.2.2023 in Cr. Misc. No. 69392 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 13.9.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jehanabad P.S. Case No. 865 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-

Patna High Court CR. MISC. No.69990 of 2022(2) dt.23-02-2023 3/3 VI,-cum-Special Judge (POCSO) Act, Jehanabad. (Sunil Kumar Panwar, J) Amandeep/- U T