Binod Khalifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.592 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Binod Khalifa Son of Rustam khalifa Resident of village- Nadaul Ghat, MirkalanpurP.S bakhari Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Adv.

Smt. Divya Bharti, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Bakhri P.S. Case No. 256 of 2023 dated 08.09.2023 registered for the offences punishable u/ss 323, 370, 372, 373, 376, 504 read with section 34 of the Indian Penal Code and u/ss 4 and 8 of the POCSO Act and u/ss 3, 4 and 5 of the Immoral Traffic Prevention Act.

3. As per the prosecution case, police raided the house of the petitioner and rescued the victim girls. It is further alleged that the said house was being run by the co-accused Abha Devi for the purpose of prostitution.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.592 of 2024(2) dt.15-02-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the house of the petitioner. Learned counsel has further submitted that the petitioner was not seen at the place of occurrence. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Bakhri P.S. Case No. 256 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which

Patna High Court CR. MISC. No.592 of 2024(2) dt.15-02-2024 3/3 on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T