Patna High CourtCR. MISC./47927/2018disposal with observation

Soni Devi @ Soni Khatoon And ANR v. The State Of Bihar

2018-09-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47927 of 2018 Arising Out of PS.Case No. -163 Year- 2015 Thana -BALIA District- BEGUSARAI ======================================================

1. Soni Devi @ Soni Khatoon, Wife of K.B. Khaliffa,

2. Sajani Devi, Wife of Late Kalo Khalifa. Both R/o Village- Mathurapur, P.S. - Balia, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2018 Heard the parties.

This application is for grant of regular bail in connection with Baliya P.S.Case No.163 of 2015 for the offences under Sections 341, 323, 362, 366A, 370B, 373, 120B/34 of the Indian Penal Code and Sections 3, 4,5,6, 7,8 and 9 of Immoral Traffic Act as well as Sections 4/8 of POCSO Act. Allegation against the petitioners as per FIR is about recovery of two girls from brothel house and one of the victim girl has named this petitioners.

Submission of the learned counsel for the petitioners is that the petitioners are not named in the FIR and later on they have been made accused in this case only on the suspicion and further one of the girls has named these petitioners but the other

Patna High Court Cr.Misc. No.47927 of 2018 (3) dt.27-09-2018 2/2 accused persons, whose name has been taken by the victim girl have been granted anticipatory bail and privilege of the regular bail, vide order dated 16.8.2016 passed in Cr. Misc. no.32603 of 2016, order dated 30.9.2016 passed incr. Misc. no.34585 of 2016, order dated 11.8.2017 passed in Cr. Misc. no.36549 of 2017 and order dated 28.2.2018 passed in Cr. Misc. No.7194 of 2018. The petitioners are in custody since 23.7.2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, as a matter of fact the matter relates to flesh trade as such I am not inclined to grant bail to the petitioners at this stage, however, once the charge has been framed in this case, the petitioners shall be released on bail in connection with Baliya P.S.Case No.163 of 2015 (POCSO Case No.11 of 2018) to his own satisfaction.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T