Abha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85301 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Abha Devi Wife of Manoj Nutt Resident of Mohalla - Ismile Nagar, Ward No. 21, Nagar Parishad Bakhari, Police Station - Bakhari, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Mr. Pushpendra Kumar Singh, Adv.
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Bakhri P.S. Case No. 256 of 2023 dated 08.09.2023 registered for the offences punishable under Sections 323, 370, 372, 373, 376, 504 read with Section 34 of the Indian Penal Code, 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 co-accused, Binod Khalifa and rescued the victim girls. It is further alleged that the said house was being run by the
Patna High Court CR. MISC. No.85301 of 2024(2) dt.06-12-2024 2/3 petitioner for the purpose of prostitution.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is a lady and she is in custody since 25.10.2024. The co-accused has been granted anticipatory bail by this Court vide order dated 15.02.2024 passed in Cr. Misc. No. 592 of 2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned District Additional Sessions Judge-cum-Special Judge of POCSO Act, Begusarai in connection with Bakhri P.S. Case No. 256 of 2023, with the following conditions:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.85301 of 2024(2) dt.06-12-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled. (ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T