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2025 DAILYLAW 75347 (PAT)

Mushkan khatoon @ Muskan Khatun v. The State of Bihar

CR. MISC./72242/2024 · 2025-04-02

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72242 of 2024 Arising Out of PS. Case No.-280 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Mushkan khatoon @ Muskan Khatun W/o- Rakesh vishwas Village- Bairakpur Ps- Titagarh Dist- Kolkata W.B ... ... Petitioner/s Versus 1. The State of Bihar 2. Jairam Prasad (ASI) P.S.- Madhaura (Thana) Gaura (O.P) Dist- Chapra (Saran) ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Alka Panday, Advocate For the State : Dr. Indiwar Kumari, APP For Opposite Party No.2 : N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 02-04-2025 Despite repeated notice, no one appears on behalf of the informant. 2. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 3. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 370, 371, 372(1) and 34 of the Indian Penal Code, Section 8 of the POCSO Act, Sections 75 and 79 of the J.J. Act, Sections 3, 4, 5 and 6 of the I.T.P. Act and Sections 16, 17 and 18 of the Bounded Labour System (Abolition) Act. 4. As per prosecution case, on 23.05.2023 police along with members of Mission Mukti Foundation conducted a Patna High Court CR. MISC. No.72242 of 2024(4) dt.02-04-2025 2/3 raid and 4 girls were recovered from house of Saran Archestra Operator (this petitioner), 5 girls were recovered from house of Muskan Archestra Operator, 1 girl was recovered from house of Rani Archestra owner, 1 girl was recovered from the house of New Bharat Archestra Operator, 2 girls were recovered from the house of Madhu Binka Archestra owner, 1 girls was recovered from house of Sargam Archestra owner and 1 girl was recovered from house of Farukh Archestra owner. 5. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, petitioner and other girls are resident of West Bengal and they are archestra artists and perform archestra for their livelihood. There is no complaint from any girls recovered from house of this petitioner about any forceful act or any illegal activity. All the girls recovered from house of this petitioner are major and they have not stated anything wrong against this petitioner in their statement recorded before the learned trial court under Section 164 of the Cr.P.C.. Petitioner claims clean antecedents. 6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. Patna High Court CR. MISC. No.72242 of 2024(4) dt.02-04-2025 3/3 7. Considering the aforesaid facts and circumstances of the case, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed. 8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI- cum-Special Judge, POCSO Act, Saran at Chapra in connection with Madhaura P.S. Case No. 280 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T