IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.175 of 2009 1. HABIB KHALIFA 2. IMTIYAZ 3. MOKIMA KHATOON @ KOILI KHATOON Versus STATE OF BIHAR ----------- For the Petitioner :Mr.Pushpendra Kumar Singh,Advocate For the State :Mr. Arun Kumar Singh 1, APP --- 4. 06.05.2009 Heard. The petitioners seek anticipatory bail in a case instituted under sections 370,371,372 and 373 IPC. The allegation in the FIR is that the victim along with her two-and-half-year-old son was captivated by the present accused persons and she was forced to become a sex worker. Further allegation is that when she was not ready to adopt the profession, her son was taken away and she was mercilessly assaulted. A perusal of the FIR does indicate the manner in which the girl/lady was forced to adopt the flesh trade. Counsel for the petitioners, referring to various affidavits filed along with the present application (Annexure-2 series), submits that the victim, in fact, wanted to settle in the same area, but she was not allowed and, as such, the present case has been lodged. Counsel for the petitioners referring to the allegations submits that so far as petitioner no.2 is concerned, there is absolutely no allegation of any torture and force applied by him. - 2 - As per the prosecution case, the other lady accused petitioners wanted the victim to marry petitioner no.2, Imtiyaz. On the basis of the aforesaid fact, it has been contended that there is nothing against petitioner no.2. Having considered the submissions and after going through the records including the allegations made in the FIR, this court is not persuaded to extend the privilege of anticipatory bail to petitioner nos.1 and 3. The application seeking anticipatory bail on their behalf stands rejected. So far as petitioner no.2, Imtiyaz is concerned, it is directed that in the event of arrest/surrender, he shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of CJM, Sitamarhi in Sitamarhi P.S.Case No.212 of 2008. hr ( Kishore K. Mandal )