Anwar Alam @ Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85082 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- MAHILA P.S. District- Kishanganj ====================================================== Anwar Alam @ Anwar Son of Md. Afaque Alam Resident of Village - Saptiya Bishanpur, P.S.- Kochadhaman, District - Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with Kishanganj (Mahila) P.S. Case no. 44 of 2019 registered for the offence punishable under sections 341, 342, 370, 376 and 120B of the Indian Penal Code, sections 3, 4, 5, 6 and 7 of the Immortal Traffic Act and section 4 of the POCSO.

As per allegation in the FIR, on information having been received of flesh trade being carried out by the accused persons, a raid was conducted in which 10 named accused persons including the petitioner herein were caught. It is further stated that the owner of the house managed to escape.

Patna High Court CR. MISC. No.85082 of 2019(3) dt.18-03-2020 2/2 The girl who was present disclosed that the accused persons beat them up and forced them to indulge in flesh trade. It is submitted by learned counsel for the petitioner that the allegations are false and concocted. The main allegation is against another co-accused having the same name i.e. Anwar Alam and not the petitioner herein. It is further submitted that the aforesaid girl has not taken the name of the petitioner in her statement under section 164 Cr.P.C. The petitioner is in custody since 19.10.2019 and has no criminal antecedent. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above including the nature of allegation, this Court is not inclined to enlarge the petitioner on bail and as such his application for bail is rejected. The learned court below is directed to expedite the trial.

(Partha Sarthy, J) Prakash/- U