Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3762 of 2024 Arising Out of PS. Case No.-556 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Chandan Kumar Son Of- Late Tribhuwan Prasad R/O- Kanti, Ward No.-1, P.S.- Kanti, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diksha Kumari For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have 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 official received an information that in the

Patna High Court CR. MISC. No.3762 of 2024(2) dt.31-01-2024 2/3 red light area, flesh trading is being done after bringing the minor girl from outside. It is further alleged that as per the plan, social workers were sent as proposed customer for tracing the minor girl indulged in the trade. After verification, police raided the area and petitioner was apprehended who came there as a customer. 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 case diary, none of the victims has alleged anything 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 11.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.3762 of 2024(2) dt.31-01-2024 3/3 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, petitioners being ladies as well as period of custody, 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 two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge (POCSO Act), Sitamarhi.

(Sunil Kumar Panwar, J) Shageer/- U T