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Patna High CourtCR. MISC./78010/2019rejected

Sanjeet Kumar @ Chhotu v. The State Of Bihar

2020-06-05Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78010 of 2019 Arising Out of PS. Case No.-340 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== Sanjeet Kumar @ Chhotu, aged about 24 years, Male, Son of Bigan Mahto, Resident of Mohalla Rajendra Nagar Behind Vaishali Cenema, P.S. Kadamkuan, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Sheo Shankar Sharma, Advocate For the State :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-06-2020 Heard Mr. Sheo Shankar Sharma, the learned counsel for the petitioner, Sanjeet Kumar @ Chhotu and Mr. B.N. Pandey, the learned Additional P.P. on the bail petition through video conferencing.

The petitioner seeks bail in Ara Town P.S. Case No.340 of 2019, corresponding to POCSO P.S. Case No.47 of 2019, registered under Sections 366 and 376(F) of the Indian Penal Code, Section 5(C) of Immoral Trafficking Prevention Act and under Sections 4/8 of the POCSO Act.

The informant disclosed that his sister, aged about 12 years, was living with him and one Anita Devi came to his house and enticed away his sister. On 18.07.2019, his sister returned back to his house and disclosed the entire occurrence

Patna High Court CR. MISC. No.78010 of 2019(5) dt.05-06-2020 2/3 that how she was subjected to sexual exploitation by Anita Devi, Sanjeet Kumar @ Chhotu and others and she was forced to indulge in flesh trade.

Mr. Sheo Shankar Sharma, the learned counsel for the petitioner submits that the petitioner is a servant in a sweet shop. Sister of the informant used to come to the house of Anita Devi. It is further submitted that the petitioner had no knowledge about the allegations made against him. The petitioner never indulged in immoral trafficking. The petitioner is not at all concerned with the illegal acts of Anita Devi. The sister of the informant came and took the mobile of the petitioner. The petitioner is in jail since 20.07.2019 and the trial has not yet begun, therefore, the petitioner be enlarged on bail. Mr. B.N. Pandey, the learned Additional P.P. however, opposed the prayer for bail and submitted that the victim was forced to flesh trade and she was sent to different places by Anita Devi and the petitioner for sexual exploitation.

Even a local MLA, Engineers and others were involved and they all sexually exploited the girl. There is serious allegation against the petitioner and others that the victim was forced in flesh trade and thereafter she was sexually exploited at the instance of the petitioner and Anita Devi by many others.

Patna High Court CR. MISC. No.78010 of 2019(5) dt.05-06-2020 3/3 Having considered the fact that there is ample material to show that the petitioner and others sexually exploited the victim and forced her into flesh trade, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T