Md Mohsin @ Md Mahsin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88207 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- GALGALIYA District- Kishanganj ====================================================== Md Mohsin @ Md Mahsin S/O Md Kudus @ Abdul Quddus R/O VillageHalamala, P.S- Kishanganj, Distt.- Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X, R/O Bhatgaon 41 BN, P.S- Galgalia, Distt.- Kishanganj. 3.

Axyz D/O Nurul Haque R/O Village- Harku Gariya, P.S- Kochadhaman, Distt.- Kishanganj.

4.

XYZ D/O Shahbuddin R/O Village- Kasi Tola, Ganaria, P.S- Kochadhaman, Distt.- Kishanganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP For the OP Nos. 2 to 4 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State. None appears on behalf of the OP Nos. 2 to 4 despite notice being validly served. Perused the case diary.

2. The petitioner seeks bail in connection with Galgalia P.S. Case No. 71 of 2024 instituted for the offences under Sections 137(2), 143(2), 143(3), 143(4), 143(5), 144, 336(2), 338 of the BNS, 3/5 of the Immoral Traffic (Prevention) Act, 8 of the POCSO Act and 81 of the J.J. Act.

3. Allegation against the petitioner is of being involved in the business of prostitution and immoral trafficking of minor

Patna High Court CR. MISC. No.88207 of 2024(4) dt.05-05-2025 2/3 girls.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to ulterior motives by the local police and the allegation against the petitioner is concocted and baseless. Learned counsel further submitted that except suspicion, there is no material against the petitioner. Learned counsel further submitted that victims have refused to undergo medical examination. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.09.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that victims in their statements recorded under Section 183 of the BNSS have supported the case of the prosecution. Learned APP further submitted that this petitioner is involved in the business of prostitution and immoral trafficking of minor girls and, therefore, he does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence as also Section 183 statements of the victims, this Court is not inclined to grant bail

Patna High Court CR. MISC. No.88207 of 2024(4) dt.05-05-2025 3/3 to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T