NOORJAHAN KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In this case, the petitioners have challenged the order dtd. 18/6/2019, passed in G.R. No.5002 of 2018, arising out of Sitamarhi P.S. Case No.1069 of 2018, corresponding to T.R. No.228 of 2019 whereby and whereunder the petition filed by the petitioners dtd. 5/1/2019 and 3/1/2019 for release of the houses of the petitioners have been rejected without considering the fact that the petitioners were not involved in the alleged occurrence nor both the petitioners are named in the FIR even then the houses of the petitioners were sealed by the respondent SHO, Sitamarhi P.S. only due to the reason that the houses of the petitioners were situated in the red light area.

(3.) The short fact in the present case is that on 23/11/2018 at about 11.30 A.M., the Sub-Divisional Police Officer, Sitamarhi, Sadar was informed by some persons about confinement of minor girls in Boha Tola, Khajurbanne where the girls were brought from Madhya Pradesh, Uttar Pradesh and West Bengal and were indulged in flesh trade. The information mentioned above was conveyed to the Superintendent of Police, Sitamarhi by S.D.P.O., Sitamarhi Sadar and pursuant to the instruction of the S.P., Sitamarhi, the S.D.P.O., Sitamarhi constituted a raiding party. All the persons of the raiding party assembled at the office of the S.D.P.O., Sitamarhi Sadar and conducted raid at Boha Tola (Khajoorbanni), Sitamarhi for verification of the information received and to take necessary action. The raiding party reached the house of Chunni Khatoon and searched her house along with other houses of Boha Tola from where some girls were recovered. Besides recovery of the minor girls, numerous hazardous materials were also recovered from the accused and seizure list were prepared. All the victims were taken in custody and Chunni Khatoon was arrested by the raiding party and detailed report in this regard was submitted by S.I., Soni Kumari, Dumra Police Station, Sitamarhi with entire seizure lists upon which an FIR bearing Sitamarhi P.S. Case No.1069 of 2018, dtd. 23/11/2018 was registered under Ss. 363, 365, 370, 370(A), 372, 373, 376, 120(B) and 34 of the Indian Penal Code, Ss. 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956, Ss. 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 as well as under Sec. 75 of the Juvenile Justice Act by the SHO, Sitamarhi (Annexure-1 to the writ petition).