Md. Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77441 of 2023 Arising Out of PS. Case No.-598 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== MD. MUNNA S/O LATE MD. ANWAR MIYA VILLAGE- BOHA TOLA, PS. SITAMARHI, DIST. SITAMARHI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.

2. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 365, 366A, 370, 370A, 372, 373, 376, 120B/34 of the Indian Penal Code, Sections 3, 4, 5, 6 of the Immoral Traffic Act, Sections 4, 6 of the POCSO Act, Section 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act.

3. It is alleged that petitioner along with other F.I.R named accused persons are engaged in flesh-trade and some minor girls are said to have recovered from house of coaccused.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in

Patna High Court CR. MISC. No.77441 of 2023(2) dt.05-12-2023 2/2 this case. The petitioner is not named in the FIR. His name was transpired during course of investigation. No any victims or incriminating material has been recovered from possession of this petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated co-accused has been granted bail by this Court vide order dated 24.7.20223 passed in Cr. Misc. No. 25508 of 2023.

5. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstance of the case as well as custody period, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cumSpecial Judge (POCSO Act), Sitamarhi in connection with Sitamarhi P.S. Case No. 598 of 2021.

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