Munna Khalifa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1468 of 2023 Arising Out of PS. Case No.-361 Year-2021 Thana- BALIYA District- Begusarai ====================================================== 1.
MUNNA KHALIFA Son of Jabbar Khalifa Resident of Village- Chhoti Balia, Sati Chaura, P.S.- Balia, District- Begusarai 2.
ANITA DEVI Wife of Munna Khalifa Resident of Village- Chhoti Balia, Sati Chaura, P.S.- Balia, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-02-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioners and the learned APP for the State.
Petitioners seek regular bail in connection with Baliya P.S. Case No.361 of 2021 registered for the offences punishable under Sections 346, 366(A), 367, 370, 370(A), 371, 372, 373, 376, 120(B) and 34 of the Indian Penal Code, Sections 3, 5, 6, 7 and 8 of Immoral Traffic Act and Sections 4, 6, 12 and 17 of the POCSO Act and Sections 75 and 79 of the Juvenile Justice Act.
Patna High Court CR. MISC. No.1468 of 2023(2) dt.24-02-2023 2/3 As per the prosecution, the informant alleged that the apprehended persons were running a brothel and under coercion the trafficked girls were forced to get indulged in illicit sexual activity.
The main submissions advanced by the learned counsel Mr. Pushpendra Kumar Singh for the petitioners are that both the petitioners are not named in the FIR and they have fair and clean antecedent and have been languishing in jail since 14.10.2022 and one similarly situated co-accused person namely Santosh Kumar has been granted bail by a Co-ordinate Bench of this Court vide order passed in Cr. Misc. No.14226 of 2022 and both the petitioners were not seen at the place of occurrence when the raid was conducted and their names were also not disclosed either by the so-called victim or by anyone. Learned APP Dr. Mrityunjaya Kr. Gautam appearing for the State has opposed the bail prayer.
In view of the facts, as stated above, in the opinion of this Court a lenient approach can be taken in respect of the petitioners' prayer, let both the petitioners be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Baliya P.S. Case No.361 of
Patna High Court CR. MISC. No.1468 of 2023(2) dt.24-02-2023 3/3 2021.
(Shailendra Singh, J) sangam/- U T