Patna High CourtCR. MISC./84436/2023allowed

Raja Kumar v. The State Of Bihar

2024-01-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 84436 of 2023 Arising Out of PS. Case No.-677 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Raja Kumar Son Of Ram Babu Das Resident Of Village- Tanduspur, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar 2.

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narsingh Tanti For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 366(A), 363, 365, 370, 372, 373, 376, 120(B) of the Indian Penal Code and Sections 3, 4, 5 and 6 of the Prevention of Immoral Trafficking Act and Sections 4, 8 and 12 of the POCSO Act.

3. As per allegation in the FIR, petitioner in connivance with other accused persons are indulged in immoral trafficking. On 30.08.2023 Mini Taj Hotel was surrounded by the police and a raid was conducted in the

Patna High Court CR. MISC. No. 84436 of 2023(2) dt.08-01-2024 2/3 hotel's room from which three male accused persons including the petitioner and one girl were arrested. Victim girl came out from the room in weeping position and disclosed to the police that she was forced by the petitioner for prostitution.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner was contesting Zila Parishad Election and with a view to tarnish his image by his enemies, he has been falsely implicated in this case. No objectionable or illegal article was recovered either from the petitioner or from the hotel's room. It is mentioned in the impugned order that victim girl was recorded u/s 164 Cr.P.C. and she has not supported the prosecution case as alleged in the FIR. As Para-3 of the petition, petitioner has got no criminal antecedent and languishing in judicial custody since 31.08.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this

Patna High Court CR. MISC. No. 84436 of 2023(2) dt.08-01-2024 3/3 court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ADJ VI-cum-Spl. Judge (POCSO Act) Sitamarhi in connection with Sitamarhi Mehsaul PS Case No. 677 of 2023.

(Sunil Kumar Panwar, J) sushma/- U