Patna High CourtCR. MISC./45751/2018bail granted

Md. Muslim @ Muslim And ANR v. The State Of Bihar

2018-07-27Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45751 of 2018 Arising Out of PS. Case No.-193 Year-2018 Thana- PURNEA SADAR District- Purnia ======================================================

1. Md. Muslim @ Muslim, S/o Late Gulam Rasool @ Md. Rasool,

2. Shashi Khatoon W/o Md. Muslim, Both R/o Mohalla- Abdulla Nagar (Katihar More), P.S.- Sadar, District- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Hussain For the Opposite Party/s :

Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners seeks bail in Special Case No. 53 of 2018 (Arising out of Sadar P.S. Case No. 193 of 2018) registered for the offence punishable under Sections 341, 342, 372, 373, 376, 366(A) and 120(B) of the Indian Penal Code and Section 3, 4, 5, 6 & 7 of Immoral Trafficking Act, Section 23 of J.J. Act and 3/4 of POCSO Act.

Allegation against the petitioners is of wrongfully confining and sexually harassing minor girls. It has been submitted on behalf of the petitioners that the petitioners have committed no offence and have been falsely implicated in this case. It has been further submitted that the

Patna High Court Cr.Misc. No.45751 of 2018(2) dt.27-07-2018 2/2 petitioners are husband and wife and on the date and time of occurrence they were residing in their house and on hearing hulla when they came from their house, in the meantime police arrived and arrested them along with other co-accused persons named in the FIR. Petitioners have got no criminal antecedent and are in custody since 06.05.2018. It has been further submitted that similarly situated co-accused persons have been granted bail by a co-ordinate bench of this Court vide orders dated 12.07.2018 in Criminal Miscellaneous No. 39904 of 2018 and 26.07.2018 in Criminal Miscellaneous No. 43386 of 2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs.

10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge (POCSO), Purnea, in connection with Special Case No. 53 of 2018 (Arising out of Sadar P.S. Case No. 193 of 2018). (S.