Patna High Court granted bail to the petitioner, accused of offences under IPC and Immoral Traffick Act, allowing release on a bond of Rs. 10,000 with two close relatives as sureties.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of similar amount who are close relatives.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10738 of 2019
Arising Out of PS. Case No.-648 Year-2018 Thana- KOTWALI District- Patna
======================================================
SONU KUMAR Son of Ramesh Prasad Singh Resident of Ganghar, P.S.Mufashil, District- Ara. Present Address- BMP Camp, Chitokohara P.S.Gardanibagh, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pranaya Shanker Sinha, Advocate. For the Opposite Party/s : Mr. Lalan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2 22-02-2019
Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in Kotwali P.S. Case No. 648 of 2018, instituted for the offence under Section(s) 290, 342, 347, 354A(i) of the Indian Penal Code and Section 6(B)/7 of Immoral Traffick (Prevention) Act, 1956.
It is alleged in the written report that informant had come to Patna with another girl namely, Rani Khatoon aged about 14 years. The informant along with Rani Khatoon was staying in the house of Phua of the informant. During course of walking near Ram Nagri More, they met with Munna @ Prabhat Kumar Ranjan and he on the pretext of taking lunch, took them in Magadh Hotel. Thereafter, Munna @ Prabhat
Patna High Court Cr.Misc. No.10738 of 2019(2) dt.22-02-2019 2/2
Kumar Ranjan told them to please customers. In the meantime, Police arrived and searched 2-3 rooms of the Hotel. From one room, petitioner along with one girl was caught. It is further alleged that flesh trade was going on in the Magadh Hotel with conspiracy of staffs and owner of Magadh Hotel as well as Munna Kumar. Lal Babu Paswan was doing the work of mediator.
Counsel for the petitioner submits that in the written report there is no allegation of any specific overt act against the petitioner. He is in custody since 23.9.2018 having clean antecedent.
Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Tanveer Kaur, learned Judicial Magistrate, 1st Class, Patna, in connection with Kotwali P.S. Case No. 648 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
S.Ali/- U T
(Sanjay Priya, J)
2 issues framed by the court
Whether the petitioner is eligible for bail in the cited case given the allegations and lack of specific overt act.
Whether the prayer for grant of bail under Section 437/439 CrPC should be allowed.
2 provisions across 2 enactments
Sonu Kumar
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
