Manzar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80187 of 2023 Arising Out of PS. Case No.-424 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Manzar Hussain Son Of Zakir Hussain Resident Of Mohalla - Miscaut, Ward No.- 7, P.S.- Town, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 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 section 370(a) of the Indian Penal Code and Section 79 of J.J. Act.

3. As per allegation in the FIR, it is alleged that petitioner has been intercepted on the basis of suspicion, who was with a minor girl aged about 17 years. On query from the petitioner, he disclosed that he used to live in Kuwait and work there as a mechanic and he was going with the victim to visit Nepal.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from

Patna High Court CR. MISC. No.80187 of 2023(2) dt.14-12-2023 2/2 para-9 of this petition that the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C., in which she stated that she out of her own sweet will, was coming to Motihari with this petitioner who is co-villager of her village, where police arrested them on border. She has not complained about human trafficking against the petitioner. 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 24.09.2023.

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 Raxaul (Haraiya O.P.) P.S. Case No. 424 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 SDJM, Raxaul at Motihari. (Sunil Kumar Panwar, J) Shubham/- U T