IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28431 of 2009 ARUN KHALIFA, SON OF LATE SHAHID KHALIFA, PARMANENT RESIDENT OF MOHALLA SHARIFGANJ, P.S. MUFFASIL, KATIHAR, DISTRICT KATIHAR, AT PRESENT RESIDENT OF MOHALLA KULIPURA, P.S. KATIHAR, DISTRICT KATIHAR. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY with Cr.Misc. No.34229 of 2009 MEENA KHATOON, WIFE OF BISHWANATH KHALIFA, RESIDENT OF VILLAGE COOLIPARA, P.S. KATIHAR NAGAR, DISTRICT KATIHAR. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 3 17.11.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners are apprehending their arrest in a case under Sections 366(A), 372, 373, 376 and 109 of the Indian Penal Code and 3, 4, 5, 6, 7, 8 and 9 of the Immoral Traffic Act. Seventy five persons have been made accused in this case. As far as these two petitioners are concerned, they were not caught carrying on flesh trade. Their names have come on the basis of a statement given by certain persons who were caught on the spot. It is alleged that they escaped because it was dark. It is also alleged in the First Information Report that these petitioners along with others managed to escape from the place of occurrence. Learned counsel for the petitioners submits that the petitioners’ names have transpired on the statement of co-accused persons and they were not caught on the spot committing the offences alleged. Considering this aspect of the matter, petitioners namely Arun Khalifa and Meena Khatoon are directed to be released on anticipatory bail in the event of their arrest or surrender within a 2 period of six weeks in connection with Katihar (Town) P.S. Case No. 181/2009 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar subjection to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)