Md. Mukhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82399 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- MAHILA P.S. District- Kishanganj ====================================================== MD. MUKHTAR Son of Hefzul Rahman Resident of Simria, P.S.-Korha, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is an accused in connection with Kishanganj Mahila P.S. Case No. 30 of 2019 for the offence registered under Sections 341, 342, 370 and 376 of the Indian Penal Code and Section 3A of Child Labour and Adolescent Prohibition and Regulation Act, 1986 and Section 26 of the Juvenile Justice Act, 2000. Later on Section 4 of POCSO Act was added.

Learned counsel for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the girls were examined by the doctor and their age were assessed as 15-17 years and no sign of sexual assault has been found. The petitioner is in custody since

Patna High Court CR. MISC. No.82399 of 2019(3) dt.01-06-2020 2/2 19.08.2019.

Learned A.P.P. for the State has opposed the prayer for bail and submitted that the petitioner is engaged in human trafficking and witnesses have supported the prosecution version which is evident from paragraph 07, 08, and 09 of the case diary.

Having considered the above facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U T