Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67468 of 2018 Arising Out of PS. Case No.-36 Year-2016 Thana- BHARGAMA District- Araria ====================================================== Santosh Kumar S/o Jhabu Lal Resident of Village-Itgaon,P.S. Bilsanda,Distt.- Pilibhit (U.P.) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Thakur For the Opposite Party/s :
Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-11-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Bhargama P.S. Case No. 36/2016, instituted under Sections 370, 372 and 373 of the Indian Penal Code read with Section 5 of Immoral Trafficking Act.
Learned counsel for the petitioner has submitted that in the written report there is allegation against co-accused Sripal of performing marriage with the informant, who is said to be person of third gender.
The informant has alleged in the written report that at the first night after performing marriage she heard that aforesaid Sripal was talking with other accused on telephone that he has performed marriage and he will return back. The informant
Patna High Court Cr.Misc. No.67468 of 2018(2) dt.22-11-2018 2/2 raised suspicion that she would be sold out. Thereafter Sripal was arrested by the police who disclosed that there is gang of 5 to 7 persons who used to sell the innocent girls. Learned counsel for the petitioner has submitted that Sripal has already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 44674/2016 dated 29.11.2016. Petitioner is in custody since 06.07.2018.
Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 learned C.J.M., Araria in connection with Bhargama P.S. Case No. 36/2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J) rakhi/- U T