Md. Altaf Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.804 of 2024 Arising Out of PS. Case No.-556 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Md. Altaf Ansari S/o Md. Ajmat Ansari @ Md. Amzad Ansari R/o VillageTalkhapur Dumra Ward No.33, P.S-Dumra, District-Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 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, 353, 366(A), 370(A), 370(5), 371, 372, 373, 376, 120(B) of the Indian Penal Code, Sections 3, 4, 5, 6, 7, 8, 9 of Prevention of Immoral Traffic Act, Sections 75, 81, 84 of Juvenile Justice Act and Sections 4, 6, 7, 8, 9, 10 of POCSO Act.
Prosecution case in nutshell is that informant being a Police Officer received an information that in the
2/4 red light area, flesh trading is being done after bringing the minor girls from outside. It is further alleged that as per the plan, social workers were sent as proposed customers for tracing the minor girls indulged in the trade. After verification, police raided the area and petitioner along with other co-accused persons were apprehended from the spot. It is further alleged that currency notes and other incriminating articles have been recovered from the possession of petitioner and other co-accused persons. It is further alleged that recovered girls said that the prostitution is being done by co-accused Rupa Khatoon.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has committed no offence. He has falsely been implicated in the present case. From perusal of the F.I.R, it appears that nothing has been recovered either from the conscious possession of the petitioner or from the house of the petitioner. None of the victim has alleged anything
3/4 against the petitioner rather co-accused Rupa Khatoon is alleged to be kingpin who is indulged in the business of prostitution as evident from the statement of one of the victims. Moreover, the petitioner is languishing in judicial custody since 13.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, other similarly situated coaccused persons have been granted bail vide order dated 18.12.2023 passed in Cr. Misc. No. 76894 of 2023 and other analogous cases.
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, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sitamarhi P.S. Case No. 556 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with
4/4 two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VIcum-Special Judge (POCSO Act), Sitamarhi. (Sunil Kumar Panwar, J) Shageer/- U T