Rukhsana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84391 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- RAUTA District- Purnia ====================================================== Rukhsana Khatoon W/o Ashraf Alam R/o vill - Sharifganj, P.S. - Routa, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Verma Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 342, 323, 371, 370(A), 376, 120-B of the Indian Penal Code and Section 3, 4, 5, 6, 9 of Immoral Trafficking (Prevention) Act.

As per allegation in the FIR, the police upon secret information of immoral trafficking, conducted raid in the red light area Sharifganj and from there girls/ladies were rescued, amongst the accused persons, the name of this petitioner cropped up. Huge materials relating to

Patna High Court CR. MISC. No.84391 of 2023(3) dt.19-03-2024 2/3 immoral trafficking were also recovered from the places where the raid was conducted.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. The petitioner is a lady and she has falsely been implicated in the present case merely due to malicious motive and high handedness of police. She has no concern with the alleged occurrence. General and omnibus allegation has been levelled against the petitioner. As per Para-11 of the bail petition, it appears that one girl was recovered from the house of the petitioner and her statement was recorded under Section 164 of the Cr.P.C., which is mentioned at Para-49 of the Case Diary, in which she has stated that she used to work as a maid in the house of the petitioner but she has not stated about any wrong complicity against the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated other co-accused namely Shanti @ Shabana Khatoon has already been enlarged on bail by this Court vide order dated 11.10.2023 passed in Cr. Misc. No. 64023 of 2023. Moreover, she is languishing in judicial

Patna High Court CR. MISC. No.84391 of 2023(3) dt.19-03-2024 3/3 custody since 20.06.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rauta P.S. Case No.89 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.1st Class-cumA.M. 2nd , Purnea. (Sunil Kumar Panwar, J) Manishkumar/- U T