This is an oral order granting bail to two petitioners arrested for offences under the Prevention of Immoral Traffic Act. The High Court ordered their release on bail subject to specific conditions regarding sureties, relatives, and future conduct.
Release of petitioners on bail of Rs. 10,000 each with two sureties subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.45910 of 2014 (2) dt.04-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.45910 of 2014 Arising Out of PS.Case No. -647 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== Chhotu Kumar s/o Uma Shankar Kunwar @ Uma Shankar Kumar, resident of village- Soura, P.S. Bajpatti, District- Sitamarhi. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.46348 of 2014 Arising Out of PS.Case No. -647 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== Pankaj Kumar Son of Sri Udai Singh Resident of Village - Dumrikala, P.S. - Mejarganj, District - Sitamarhi, At present Manager, Atihi Hotel, Singhwalini Market, District - Sitamarhi. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.45910 of 2014) For the Petitioner/s : Mr. Abhay Kumar Singh For the Opposite Party/s : Mr. Zainul Abedin (App) (In Cr.Misc. No.46348 of 2014) For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Anant Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 04-02-2015 Heard learned counsel for the petitioners and the State. The petitioners are seeking bail in Sitamarhi P.S.Case No., 647/2014 for the offences punishable under Sections 3, 4,5,7 and9 of the Prevention of Immoral Traffic Act. As per allegation both the petitioners were involved in immoral activity in a hotel and they were caught red handed. Both
Patna High Court Cr.Misc. No.45910 of 2014 (2) dt.04-02-2015
the petitioners are in custody since 03.08.2014
In view of the period of custody, let the above named petitioners be released on bail on fruiting bail bond of Rs. 10,000/(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge-cum- A.D.J, 1st , Sitamarhi, subject to the condition that-
(i) one of the bailors will be a close relative of the petitioners.
(ii) if the petitioners would be found involved in similar type of case in future, prosecution will be at liberty to file application for cancellation of bail and the court below will pass necessary orders, including cancellation of bail bonds and
(iii) that the petitioners would co-operate and if the petitioners will fail to co-operate in the proceeding of the court and will remain absent for two consecutive dates without reasonable explanation, the court will pass appropriate order, including cancellation of bail bonds.
(Shivaji Pandey, J)
singh/-
U T
1 issue framed by the court
Whether the petitioners seeking bail for offences under the Prevention of Immoral Traffic Act should be released on bail.
Chhotu Kumar
Pankaj Kumar
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
