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Patna High CourtCR. MISC./78635/2023allowed

Ravish Kumar v. The State Of Bihar

2023-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78635 of 2023 Arising Out of PS. Case No.-704 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Ravish Kumar Son Of Sri Arvind Kumar Village- Morsand Tole Gorigama Ps-Runni Saidpur Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaidehi Raman Prasad Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 365, 363, 366A, 370, 370A, 372, 373, 376, 120B and 34 of the Indian Penal Code, Sections 3, 4, 5 and 6 of Immoral Traffic (Prevention) Act and Sections 4 and 6 of the POCSO Act.

3. As per FIR, a raid has been conducted in the house of one co-accused person, namely, Julie Khatoon and one Nilam Khatoon and from where, one minor girl and one 21 years old girl along with this petitioner were recovered from their house. The recovered girl said that these co-accused persons were brought them here to indulge in flesh trade.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.78635 of 2023(2) dt.07-12-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the victim girl has not been recovered from the possession of this petitioner nor any incriminating article has been recovered from him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sitamarhi P.S. Case No. 704 of 2023 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 VI-cum-Special Judge (POCSO Act), Sitamarhi.

(Sunil Kumar Panwar, J) Shubham/- U T