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Patna High CourtCR. MISC./80871/2023bail granted

Manisha Khatoon v. The State Of Bihar

2023-12-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80871 of 2023 Arising Out of PS. Case No.-392 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== Manisha Khatoon D/o Shankar Khalifa R/o vill - Kharga, ward no. 32, P.S. and Distt. - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Krishna Kant Singh, Advocate For the State :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dumra P.S. Case No. 392 of 2022 instituted for the offence under Sections 363, 365, 366(A), 370, 370(A), 372, 373, 376, 120(B) of the Indian Penal Code and Sections 3, 4, 5, 6 of the Immoral Trafficking Act, 1956, Section 4/6 of the POCSO Act and Section 75/79 of the Juvenile Justice Act.

3.

As per the prosecution case, the petitioner and the co-accused persons are alleged to have engaged with minor girl in illegal flesh trading and prostituting on the pretext of alluring money.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.80871 of 2023(2) dt.21-12-2023 2/2 that the petitioner is in custody since 24-08-2022. Petitioner has no criminal antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Chage-sheet has already been submitted in this case. Other similarly situated co-accused persons have been allowed bail by Co-ordinate Bench of this Court vide order dated 27-04-2023, passed in Cr. Misc. No. 3316 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumra P.S. Case No. 392 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T